Case Reference: FT/PEN/2025/0066
Pensions
Heard: on the papers in Chambers
Before
TRIBUNAL JUDGE HAZEL OLIVER
Between
SIKANDAR KHAN
Appellant
and
THE PENSIONS REGULATOR
Respondent
Decision:
1. The proceedings are struck out under Rule 8(3)(a) for failure to comply with a direction which stated that failure to comply could lead to the striking out of the proceedings.
REASONS
The Appellant lodged an appeal on 3 March 2025
The Tribunal sent an email to the Appellant dated 6 March 2025 informing them that further information was required, as it is not clear from the provided documents that they have a right of appeal to the Tribunal. The email attached case management directions which stated, “Pensions appeals only – If the Tribunal has indicated that it is not clear whether you have a right of appeal, you must complete and return the “Pensions - right to appeal” form at the bottom of this document.”
The Appellant did not complete and return the “Pensions – right to appeal” form.
On 14 April 2025, Senior Legal Officer Collins directed the Appellant to provide a copy of the “Pensions – right to appeal” form, by no later than 28 April 2025.
The directions stated, “The Appellant is asked to note that failure to comply with the direction above could lead to the Tribunal striking out this appeal for failure to comply pursuant to Rule 8(3)(a) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 without further direction.”
The Appellant did not complete the form or otherwise contact the Tribunal.
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).
Signed: Judge Hazel Oliver
Date: 18 June 2025