Car Service Hamzaj Ltd v The Pensions Regulator [2026] UKFTT 1109 (GRC)
[1]The Appellant lodged an appeal using the GRC1 form on 26th May 2026. The notice of appeal was incomplete. In particular, it did not contain a completed statement of truth and no copy of the decision notice was provided.[2]By directions and an email issued on 28 May 2026, the Tribunal informed the Appellant that the appeal did not comply with the relevant requirements and directed the Appellant, within 14 days, to submit a notice of appeal containing all required information and documentation.[3]The Appellant did not comply with those directions. Consequently, further case management directions were issued on 23 June 2026 requiring the Appellant to provide a completed GRC1 form and a decision notice with a right of appeal by 9 July 2026. The Appellant was warned that failure to comply could result in the appeal being struck out pursuant to rule 8(3)(a).[4]The Appellant has failed to comply with the directions dated 23 June 2026. The required documents have not been provided.[5]The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 state: ‘8. (3)The Tribunal may strike out the whole or a part of the proceedings if— (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….[6]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 directions of Judge Muzaffer). I am satisfied that the Appellant has been given a fair opportunity to remedy the defects in the appeal and has been clearly warned of the consequences of non-compliance. In the circumstances, it is appropriate to exercise the Tribunal’s power under rule 8(3)(a).[7]I have considered the overriding objective in rule 2 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 and whether it is fair and just to strike out the proceedings. I am satisfied that it is. The Appellant has been given more than one opportunity to provide the required information and documentation and has been expressly warned of the consequences of failing to do so. No response has been received and no explanation has been provided for the failure to comply with the Tribunal's directions. In those circumstances, striking out the appeal is a proportionate course. Signed Date: Gilda Kiai 30th July 2026