Humbi Coffee Limited v The Pensions Regulator

The Appellant lodged an appeal using the GRC1 form with the Tribunal on 8 May 2024. The appeal was incomplete because the Appellant did not include with the appeal a copy of the decision they are seeking to challenge. The Appellant lodged only screenshots of the website and screenshots of communication between the Respondent and the Appellant’s accountants.

Rule 22(3) of the Rules provides that if the proceedings challenge a decision, the Appellant must provide with the notice of appeal a copy of any written record of that decision, and any statement of reasons for that decision that the Appellant has or can reasonably obtain.

By Directions and an email issued on 20 May 2024, the Appellant was required to provide a copy of the decision to the Tribunal within 28 days. The Appellant failed to comply with the Directions.

On 30 July 2024 Case Management Directions were issued directing the Appellant to provide a copy of the decision the Appellant sought to challenge to the Tribunal by no later than 14 August 2024.The Appellant was asked to note that failure to comply with the direction could lead to the Tribunal striking out this appeal for failure to comply pursuant to Rule 8(3)(a) of the Rules without further direction.

The Appellant has failed to comply with the direction.

There are grounds to strike out the proceedings because the Appellant has failed to comply with a direction which stated that failure by the Appellant to comply with the direction could lead to the striking out of the proceedings.

The Appellant may apply for the proceedings to be reinstated under Rules 8(5) and (6) of the Rules. The application must be in writing and be received by the Tribunal within 28 days after the date on which this Decision is issued.