Claimant v Limitless Send Ltd (in compulsory liquidation)
Outcome
Individual claims
Claim struck out for two reasons: respondent company is in compulsory liquidation and court permission was not obtained as required by the Insolvency Act 1986, and claimant failed to actively pursue the claim or provide acceptable reasons why it should continue after being given 14 days to respond.
Facts
The claimant brought a claim against Limitless Send Ltd, a company in compulsory liquidation. On 27 November 2024, the tribunal gave the claimant 14 days to explain why the claim should not be struck out for non-pursuit. The claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on two grounds: the respondent company is in compulsory liquidation and the required court permission under the Insolvency Act 1986 was not obtained to continue proceedings, and the claimant failed to actively pursue the claim or provide acceptable reasons for continuing it.
Practical note
When bringing a claim against a company in compulsory liquidation, court permission is required under the Insolvency Act 1986, and failure to obtain this permission combined with non-pursuit will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2409795/2022
- Decision date
- 3 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No