Case Reference: FT.PEN.2024.0344
PENSIONS
Decided without a hearing
Before
HHJ David Dixon
Between
CHA CHA CHAI OLDHAM LIMITED
Appellant
and
THE PENSIONS REGULATOR
Respondent
Decision: The appeal is struck out.
REASONS
The Tribunal received an Appeal from Speedwell Accountants on behalf of the Appellant on 7th and 10th October 2024, but it was incomplete as it did not contain the decision letter. The Appellant was advised of the same and provided its appeal again, but failed to provide the decision letter and/or written reasons that were the subject of the challenge.
As a result of the Appeal being incomplete, Case Management Directions, were supplied by on 3rd January 2025 requiring a copy of the relevant decision letter by 20th January 2025, with a warning that the case could be struck out if there was non-compliance.
No reply was received to the Directions.
By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal)(General Regulatory Chamber) Rules 2009, the Tribunal may 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 co-operate with the proceedings, and has failed to provide a decision letter so the Tribunal has no basis upon which to allow the appeal to continue. The failure to assist with the proceedings leaves the Tribunal with no option.
The Appeal is struck out with immediate effect.
Signed: HH Judge David Dixon
Date: 29th May 2025