Philip Freeman Mobile Welders Ltd v The Pensions Regulator: [2022] UKUT 62 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 3 March 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 29 March 2022

• Categories: Consumer credit, Personal independence payment – general and Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wright, S
• Decision date: 3 March 2022

Read the full decision in UA-2020-001241.

Judicial Summary

Sections 35 and 40-44 of Pensions Act 2008 – whether First-tier Tribunal properly addressed whether penalty notices had been issued to employer by the Pensions Regulator – whether regulation 15(4) of the Employers’ Duties (Registration and Compliance) Regulations 2010 creates irrebuttable presumption that a notice issued was received by the employer – use by FtT of strike out rule, without a hearing, where issues of fact are properly contestable.

Published 29 March 2022