Case Reference: FT/PEN/2024/0345
Pensions
Heard: on the papers in Chambers
Decision given on: 19 Aug. 25
Before
TRIBUNAL JUDGE HAZEL OLIVER
Between
FERDOUS INTERNATIONAL HALAL STORE LTD
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 8 October 2024 indicating they wished to challenge a decision of the Respondent to impose a financial penalty. The Appellant failed to provide a copy of the decision against which they wish to appeal.
By Directions and email issued on 25 October 2024, the Appellant was required to provide a copy of the decision they are seeking to challenge to the Tribunal within 28 days.
On 23 January 2025, Legal Officer Haji directed the Appellant to provide a copy of the decision they are seeking to challenge by no later than 06 February 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 has not responded to these directions.
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 these directions, 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: 13 August 2025