First Endeavour LLP (In Liquidation)

Case Summary

The claimant's claim against First Endeavour LLP (In Liquidation) was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for not being actively pursued. The respondent company was in compulsory liquidation and the claimant failed to obtain the required court consent under the Insolvency Act 1986 to institute or continue proceedings.

The claim was struck out because it had not been actively pursued. The claimant was required to obtain court consent under the Insolvency Act 1986 to continue proceedings against the respondent company which was in compulsory liquidation, but failed to do so, and subsequently failed to provide acceptable reasons for non-compliance when given the opportunity.

• •Failure to obtain court consent required by Insolvency Act 1986 for proceedings against company in compulsory liquidation
• •Claim not actively pursued

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge d’Inverno Mr D Campbell Claimant First Endeavour LLP (In Liquidation) Respondents JUDGMENT The claim is struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it has not been actively pursued. REASONS 1. The respondent company is in compulsory liquidation. The claimant was notified of the need to obtain the consent of the court for these proceedings to be instituted or continued as required by the Insolvency Act 1986. No such consent has been obtained. 2. On 10 December 2024 the Tribunal gave the claimant an opportunity to give reasons why the claim should not be struck out as it had not been actively pursued. The time limit for so doing has passed and the claimant has failed to give an acceptable reason. 3. The claim is therefore struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the ground that it has not been actively pursued. Date sent to parties 6 March 2026