W Alderman and others v Power by Britishvolt Ltd (in Administration): 2204080/2023
JUDGMENT
The parties submitted a joint application on 3 May 2023 inviting the Tribunal to give judgment by consent under Rule 64 in the terms of the attached Consent Order. Although this is an unusual course in the Tribunal, I am satisfied that on this occasion it is appropriate to issue judgment in the terms agreed by the parties. The Claimants are represented and the Respondent is in administration so that any costs incurred by the administrators in defending the proceedings will reduce the funds available to meet the Respondent’s debts, including agreed debts to the Claimants. I note that the Secretary of State has not been joined as a party to these proceedings, although it is accepted that the Secretary of State may be liable for the sums claimed in the event that the Respondent has insufficient funds so that Rule 96 is potentially applicable. There does not, however, appear to me to be anything unusual about this case that means it would be appropriate to delay judgment to allow the Secretary of State to be joined as a party. If I am wrong about that, the Secretary of State may apply for the judgment to be reconsidered under Rule 70.