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First-tier Tribunal (General Regulatory Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Boutique Ravello Ltd v Pensions Regulator [2023] UKFTT 590 (GRC) (05 July 2023)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2023/590.html
Cite as: [2023] UKFTT 590 (GRC)

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Neutral Citation Number: [2023] UKFTT 590 (GRC)
Case Reference: Pen/2023/0042

First-tier Tribunal
General Regulatory Chamber
[Pensions]

Heard by determination on the papers.
Heard on: 5 July 2023
Decision given on: 5 July 2023

B e f o r e :

TRIBUNAL JUDGE ALISON McKENNA
____________________

Between:
BOUTIQUE RAVELLO LTD
 Appellant
- and -
THE PENSIONS REGULATOR
 Respondent

____________________


____________________

HTML VERSION OF DECISION
____________________

Crown Copyright ©

    Decision:
    This appeal is struck out pursuant to rule 8 (2(a)

    REASONS

  1. By a Notice of Appeal dated 13 February 2023, the Appellant seeks to appeal against the Escalating Penalty Notice dated 17 November 2022.

  2. By application dated 29 March 2023 the Regulator applied for this appeal to be struck out under rule 8 (2) (a) of the Tribunal's Rules, on the basis that the Tribunal has no jurisdiction to determine it.

  3. The Appellant was invited by the Tribunal, pursuant to rule 8 (4), to provide representations on the proposed strike out. The Appellant replied on 12 April, submitting that the amount of the penalty was too high.

  4. Parliament has provided that this Tribunal only has jurisdiction to consider appeals against financial penalties imposed by The Pensions Regulator when certain pre-conditions have been met. These include a requirement for The Pensions Regulator to have conducted a review. In this case, the Regulator did not review the Escalating Penalty Notice because the application for review was received outside the time limit. It informed the Appellant of this on 13 January 2023.

  5. I therefore conclude that the necessary conditions for referral to the Tribunal under s. 44 (2) of the 2008 Act have not been met in this case. This has not been disputed by the Appellant. If the Tribunal lacks jurisdiction to determine an appeal, it is required to strike it out and has no discretion to consider it.

  6. Accordingly, I now direct that this appeal is struck out and it will proceed no further.

    7. (Signed)

    JUDGE ALISON MCKENNA
    DATE: 5 July 2023

    © CROWN COPYRIGHT 2023
     

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URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2023/590.html