Claimant v Tolent Construction Limited (In Administration)
Outcome
Individual claims
The tribunal struck out the claims because they had not been actively pursued. The claimants failed to make any representations or request a hearing following the tribunal's letter dated 7 October 2024 giving them an opportunity to do so.
Facts
Seventeen claimants brought claims against Tolent Construction Limited, which was in administration. The tribunal wrote to the claimants on 7 October 2024 giving them an opportunity to make representations or request a hearing as to why their claims should not be struck out for failure to actively pursue. The claimants failed to respond or make sufficient representations.
Decision
The tribunal struck out all claims on the basis that they had not been actively pursued and the claimants failed to respond to the tribunal's unless order. This is a procedural strike-out where the claimants were unrepresented and failed to engage with the tribunal process.
Practical note
Claimants must actively respond to tribunal communications and unless orders, particularly when the respondent is insolvent and there may be limited prospects of recovery.
Case details
- Case number
- 2500335/2023
- Decision date
- 18 December 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No