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How to obtain leave of High Court?

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  • How to obtain leave of High Court?

    Hi,


    The Tribunal has stayed proceedings against the Respondent as the Respondent is in liquidation.

    The Tribunal has said that I need to obtain leave of the High Court in order to continue proceedings against them


    Does anyone know how I can do this?
    Tags: None

  • #2
    What is your Tribunal claim for and could it be covered under the National Insurance Fund?

    If so it may be that under S.58.59 of the Technical Guidance for Official Receiver's by the Insolvency Service, which states the following:

    'It may be the case that the employee is bringing a claim in order to establish a liability that may be claimed from the National Insurance Fund (in respect of a claim for unfair dismissal, for example). In such a case, the official receiver should not object to such a claim proceeding providing that no order is made against the property of the insolvent or against the official receiver personally, and should write to all parties in these terms.'

    you can ask the Official Receiver whether you can pursue the claim as it is covered under the above guidance and if they agree can they inform the Tribunal accordingly.

    If your claim would not be covered then indeed you will need to make an application to the Court, for which I believe there is a fee based on the value of the claim. Making an application is covered under the Civil Procedure Rules and I have linked to the appropriate guidance below:

    https://www.justice.gov.uk/courts/pr...es/part23#23.1


    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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