HTF Tyre Services Ltd v The Pensions Regulator [2025] UKFTT 697 (GRC)
[2]On 5th February, the Appellant’s GRC1 appeal form was received by the Tribunal. It was not clear whether the Appellant had the right to appeal.[3]On 13th April 2025, the Tribunal wrote to the Appellant to inform it that it was not clear from the documents provided that it had a right of appeal to this Tribunal. The Appellant was given a Case Management Direction to complete the “Pensions – Right to appeal form” confirming why it has a right of appeal within 28 days.[4]Case Management Directions were issued on 24th March 2025, requiring the Appellant to complete that form and to provide a complete copy of section 7 of the form, which was missing from the attachment to the GRC1 as filed.[5]Those Directions put the Appellant on notice that a failure to comply could lead to the Tribunal striking out the appeal without further direction.[6]No response was received from the Appellant.[7]Under Rule 8(3), the Tribunal may strike out a case 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; or(c) the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.[8]Under Rule 8(4) the Tribunal must offer the Appellant the opportunity to make representations prior to striking out the Appeal.[9]The conditions under Rule 8(3)(a) and 8(4) are met and the Appeal is struck out accordingly. Signed: Judge Sanger Date: 12th June 2025