Total Automotives Bredon Ltd v The Pensions Regulator

The Appellant lodged an appeal on 15 January 2025 indicating they wished to challenge a decision of the Respondent to impose a financial penalty.

The Tribunal sent an email to the Appellant dated 25 February 2025 informing them that the appeal failed to meet the requirements of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“the Rules”). The email explained that Rule 22(3) of the Rules provides that the Appellant must provide with the notice of appeal a copy of any written record of an appealable decision, that the appellant has or can reasonably obtain.

The Appellant failed to provide a copy of the decision against which they wish to appeal or otherwise respond to this email.

On 15 April 2025, Senior Legal Officer Collins directed the Appellant to provide a copy of the decision they are seeking to challenge, by no later than 29 April 2025.

The Appellant has not responded to this direction.

Under Rule 8(3)(a), the Tribunal may strike out the proceedings 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 Rules do not require the Appellant to be given a further opportunity to make representations before the proceedings are struck out.

The Appellant failed to comply with this direction, having been warned that this could lead to the proceedings being struck out. The Appellant has not contacted the Tribunal to explain their position or ask for additional time to comply. In all the circumstances, it is appropriate to strike out the proceedings under Rule 8(3)(a).