Abdul Mulla v The Pensions Regulator

The Appellant lodged his appeal using the GRC1 form on 6^th December 2024 October.

By directions and an email issued on 14 January 2025, the Tribunal explained that:

“We acknowledge receipt of your appeal, but regret to inform you that it either fails to meet the requirements of the Tribunal’s Procedure Rules or that further information is required before it can be progressed:

It is not clear from the provided documents that you have a right of appeal to the Tribunal

And

Rule 22(2)(f)? the result the appellant is seeking”

Of note, the directions explicitly stated at paragraph 12 “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 directions also explicitly stated “This is a formal notice under rule 8(3)(a)”.

The Appellant did not provide any further documents or contact the Tribunal.

On 24^th March 2025, the Appellant was directed to comply with the Directions issued to him on 14 January 2025. The directions stated “In the event that the Appellant does not comply with the direction at paragraph 1 above, this Appeal will be struck out, pursuant to Rule 8(1) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 without further direction”.

In an email dated 25^th March 2025, the Appellant emailed the Tribunal stating:

On 26^th March 2025, the Tribunal emailed the Appellant (on the same email address that he had contacted them), attaching the Case Management Directions and the Pensions Right to appeal form. The email stated:

The Appellant did not contact the Tribunal again.

The Appellant did not complete the appeal form, nor did he complete section 8 of GRC1 form. He did not comply with the directions.

The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 state:

I find that the test under Rule 8(1) is met: the Appellant has failed to comply with a direction that stated that failure by the appellant to comply with the direction would lead to the striking out of the proceedings or that part of them (as set out in the directions of Judge Maton, dated 24^th March 2025).

I find that the test under Rule 8(3)(a) is met: the Appellant has failed to comply with a direction which stated that failure to comply could lead to the striking out of the proceedings (as set out in the initial Case Management Directions). The Appeal is struck out for this reason.

I further conclude that the test under Rule 8(3)(b) is met: the Appellant has failed to co-operate with the Tribunal (by failing to provide a copy of the “Pensions – right to appeal” form and by failing to reply to emails from the Tribunal) to such an extent that the Tribunal cannot deal with the proceedings fairly or justly. The Appeal is also struck out for this reason.

The overriding objective in Rule 2 of the Procedure Rules requires the Tribunal to deal with cases fairly and justly. For completeness, I add that I find it is fair and just to strike out the proceedings. The Appellant has now had almost 4 months since the directions were re-sent to him, to abide by the very simply direction (to serve the “Pensions – right to appeal” form and answer what outcome he wants from the appeal). He has failed to do so. He has not provided any explanation for the failure.