Murphys on the Green Ltd Appeal Struck Out by Tribunal
The First-tier Tribunal struck out Murphys on the Green Ltd's appeal due to non-compliance with procedural orders
Murphys on the Green Ltd Appeal Struck Out by Tribunal
The First-tier Tribunal (General Regulatory Chamber) recently struck out the appeal by Murphys on the Green Ltd against The Pensions Regulator. The decision was made following the appellant's failure to comply with the tribunal's procedural orders.
The case was presided over by District Judge Moan, who noted the absence of a response from the appellant to previous orders, including the failure to file a case management questionnaire (CMQ). This lack of compliance led the tribunal to conclude that the appellant had effectively abandoned their appeal.
Originally, an appeal hearing was scheduled for 9th January 2025. However, due to the appellant's non-compliance with the tribunal's directions, the hearing was vacated. The tribunal had issued an 'unless order' on 26th November 2024, clearly stating the consequences of failing to submit the required CMQ. The order specified that the appeal would be automatically struck out without further hearings if the appellant did not comply.
In its decision, the tribunal emphasised the importance of adhering to case management directions, noting that tribunal hearing time is a valuable resource that should not be wasted on cases where the appellant has not engaged with the process.
The tribunal's order also provided the appellant with an opportunity to apply for reinstatement of the appeal. Any such application must be made within five working days of receiving the order and include both a reply to the respondent's response, if relied upon, and a completed CMQ.
The case highlights the critical importance of compliance with procedural rules in tribunal proceedings. Failure to adhere to such rules can result in the dismissal of an appeal, as demonstrated by this case.
This decision serves as a reminder to appellants of the necessity to engage actively with the tribunal process and comply with all procedural requirements to avoid the risk of their appeal being struck out.
As of the date of the decision, no application for reinstatement had been filed by Murphys on the Green Ltd.