Mr A White (deceased) v Acorn Mechanical Engineering Services Ltd (dissolved): 2302719/2024
JUDGMENT
The claim is struck out on the basis that it is no longer possible to have a fair hearing, alternatively that the claim has no reasonable prospect of success.REASONS
[1]The respondent company has been dissolved and so there is no longer a respondent in existence against whom a claim can be made.[2]There was an issue at first over the correct identity of the respondent. The claim form named the respondent as ‘Mr Barry Mara, Acorn Engineering Services Limited’ whereas the ACAS Early Conciliation certificate names the prospective respondent as Acorn Mechanical Engineering Services Limited.[3]The records at Companies House show that the two companies are not connected and that Mr Mara was a director of Acorn Mechanical Engineering Services Limited. That company was therefore identified as the correct respondent. In any event, Acorn Engineering Services Limited had been dissolved by the time the claim was issued.[4]Since then the claimant, Mr White, has passed away. Ms Mandeville wished to continue the claim as his personal representative. 1 of 2 Case Number 2302719/2024[5]However, Acorn Mechanical Engineering Services Limited has also now been dissolved and so there is no remaining respondent against whom the claim can be pursued.[6]Accordingly, the claim is struck out.