Case Reference: FT.PEN.2024.0323
PENSIONS
Decided without a hearing
Before
JUDGE HHJ David Dixon
Between
CREAMS PETERBOROUGH LIMITED
Appellant
and
THE PENSIONS REGULATOR
Respondent
Decision: The appeal is struck out.
REASONS
On 11th September 2024 an “appeal” was received from the Appellant using form GRC1. It was unclear if the Appellant had a right of appeal, so the Tribunal required the Appellant to provide a “right to appeal” form. The Appellant has not complied with that direction.
As a result of the lack of detail, Case Management Directions, issued on 16th January 2025, followed indicating if a copy of the right to appeal form was not received by 30th January 2025 the case may be struck out.
The Appellant has made no further contact with the Tribunal.
By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal) (General Regulatory Chamber) Rules 2009, the Tribunal make strike out a party’s case, in whole or in part, where:
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 failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or
the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.
Here the Appellant has failed to provide the necessary documentation to confirm a right to Appeal, it has failed to co-operate with the proceedings and therefore it is difficult to see any reasonable prospect of the case succeeding.
The Appeal is therefore struck out with immediate effect.
Signed: HH Judge David Dixon
Date: 28th May 2025