Mrs R Pryor v Gymophobics (Bury St Edmunds) Ltd: 3327240/2019
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 15 February 2020 the tribunal wrote to the claimant explaining that the respondent company had been dissolved and that as it was no longer a legal entity the claim could not be pursued. It could only be pursued if the company was restored to the Register of Companies. These proceedings were stayed.[2]The claimant was also advised in the letter of the 15 February 2020 that her claim would be considered again in 6 months. If no application had been made to restore the company to the register consideration would be given to striking out the claim.[3]By letter of the 6 October 2020 the claimant was asked to advise the up to date position by the 13 October 2020.[4]Having not had any response to that letter on the 24 November 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not informed the tribunal of any application to restore the company to the Register and it had not been actively pursued. The claimant was given 14 days to reply[5]In a letter dated 6 December 2020 the claimant advised that she had not applied to have the respondent company restored to the Register as it was too costly to do so. 6.2 Strike out Judgment – claim - rule 37 Case No:3327240/2019[6]As stated in the tribunal’s original letter of the 15 February 2020 the respondent company having been dissolved is no longer a legal entity and a claim cannot be pursued against it. No application having been made to restore it to the Register all claims brought by the claimant are now struck out.