Leandro Spera v The Pensions Regulator

1. In this matter the Appellant filed a GRC1 appeal form seeking removal of the financial penalty in relation to its NEST pension provisions. The Appeal arrived at the Tribunal on 12 th September 2024, but was incomplete as it did not contain the decision letter. The Appellant was advised of the same, but failed to provide the decision letter.

2. As a result of the Appeal being incomplete, Case Management Directions, were supplied by on 20 th January 2025 requiring a copy of the decision letter by 31 st January 2025, with a warning that the case could be struck out if there was non-compliance.

3. No reply was received to the Directions.

4. By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal)(General Regulatory Chamber) Rules 2009, the Tribunal may 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; or c. 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 co-operate with the proceedings, has failed to provide a decision letter so the Tribunal cannot allow the appeal to continue. The failure to assist with the proceedings leaves the Tribunal with no option.

6. The Appeal is struck out with immediate effect. Signed: HH Judge David Dixon Date: 29 th May 2025