Renodecor Limited v The Pensions Regulator

The Appellant lodged an appeal on 20 June 2024 indicating that they wished to challenge a decision of the Respondent dated 12 June 2024. The appeal was incomplete because the Appellant did not include a copy of the decision being appealed against.

Under Rule 22(3) of the 2009 Rules, if the proceedings challenge a decision, the appellant must provide with the notice of appeal a copy of any written record of that decision, that the appellant has or can reasonably obtain.

The Tribunal notified the Appellant by email on 8 July 2024 that the appeal was incomplete. Directions were attached requiring the Appellant to complete the appeal by sending the missing decision to the Tribunal within 28 days.

Further Case Management Directions were issued by the Tribunal on 12 December 2024 requiring the Appellant to provide a copy of the decision to the Tribunal no later than 30 December 2024. The Directions contained a warning that failure to comply with the Direction could lead the Tribunal to strike out the appeal under Rule 8(3)(a).

The Tribunal may strike out the proceedings under Rule 8(3)(a) if “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 or part of them”.

The Appellant has been given two opportunities to provide the Tribunal with a copy of the decision they wished to challenge that was missing from their appeal. The Tribunal Directions of 12 December 2024 were emailed to the Appellant that same day. The Directions gave clear warning that a failure to comply could result in the appeal being struck out. The Appellant has failed to provide a copy of the decision as directed and no response has been received. In all the circumstances, it is fair and just to strike out the proceedings under Rule 8(3)(a).

The Appellant may apply to the Tribunal under Rule 8(5) for the proceedings to be reinstated. Any such application must be made in writing and received by the Tribunal within 28 days after the date the Tribunal sent notification to the Appellant of the striking out (Rule 8(6)).