The Thorne Occasions Limited v The Pensions Regulator

The Appellant lodged their appeal on 17^th March 2024, but failed to provide the Tribunal with the required copy of the decision they were seeking to challenge. In this instance the relevant decision was a copy of The Pensions Regulator’s Review Notice

On 2^nd April 2024, the Tribunal notified the Appellant that the appeal was incomplete and issued directions to provide a copy of the decision being appealed within 28 days.

On 27^th August 2024, the Tribunal issued further directions, requiring the Appellant to provide the Tribunal with a copy of The Pensions Regulator’s Review Notice by no later than 18^th September 2024.

On 3^rd December 2024, the Tribunal once again directed the Appellant to provide a copy of the Pensions Regulator’s Review Notice by no later than 17^th December 2024.

On both 27^th August 2024 and 3^rd December 2024, the Tribunal’s directions notified the Appellant that a failure to comply with its directions could result in the proceedings being struck out under Rule 8 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

To date, a copy of the Pensions Regulator’s Review Notice has not been received.

I have considered the overriding objective of these Rules which is to enable the Tribunal to deal with cases fairly and justly, but I can see no reason why striking out this appeal would be incompatible with that objective.

The appeal is struck out under Rule 8(3)(a).

The Appellant may apply to this Tribunal to reinstate the proceedings under Rule 8(5) and (6), but the application must be made in writing, and received by the Tribunal within 28 days after the date on which the Tribunal sends notification of this decision.