Creams Peterborough Limited v The Pensions Regulator [2025] UKFTT 583 (GRC)
[1]On 11th September 2024 an “appeal” was received from the Appellant using form GRC1. It was unclear if the Appellant had a right of appeal, so the Tribunal required the Appellant to provide a “right to appeal” form. The Appellant has not complied with that direction.[2]As a result of the lack of detail, Case Management Directions, issued on 16th January 2025, followed indicating if a copy of the right to appeal form was not received by 30th January 2025 the case may be struck out.[3]The Appellant has made no further contact with the Tribunal.[4]By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal) (General Regulatory Chamber) Rules 2009, the Tribunal make strike out a party’s case, in whole or in part, where:a. 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;b. 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; orc. the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.[5]Here the Appellant has failed to provide the necessary documentation to confirm a right to Appeal, it has failed to co-operate with the proceedings and therefore it is difficult to see any reasonable prospect of the case succeeding.[6]The Appeal is therefore struck out with immediate effect. Signed: HH Judge David Dixon Date: 28th May 2025