Case 4121919/2018 · Employment Tribunal
Mr Ciaran Kelly v Urquhart And Co (PHE) Limited (in Liquidation) — 2019
- Case reference
- 4121919/2018
- Decision date
- 12 June 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge I McPherson
Parties
2 namedClaimant
Mr Ciaran Kelly
Key findings
Tribunal's reasoningMr Ciaran Kelly presented a claim seeking a protective award on 24 October 2018. The claim was served on the respondents on 26 October 2018, and no ET3 response was lodged. The Tribunal recorded that a winding up order had been granted in respect of the respondents on 15 October 2018, and that the provisional liquidator notified the Tribunal of the compulsory liquidation.
On 7 November 2018, the Tribunal told the claimant that consent of Inverness Sheriff Court was required under section 130 of the Insolvency Act 1986, and that the claim would be struck out if that consent was not obtained within six months. When no reply was received, the Tribunal gave further written notice on 15 May 2019 inviting written reasons or a request for a hearing by 29 May 2019. The claimant again did not respond. The Tribunal therefore struck out the claim under Rule 37 on the basis that it had not been actively pursued.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment states that the claim was one seeking a protective award and that it was struck out under Rule 37(1)(d) for not being actively pursued. | Struck out | — | — |
Legal tests applied
2 references- Rule 37(1)(d)
- Section 130 Insolvency Act 1986
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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