Berkeley & Lords Limited v The Pensions Regulator

Berkeley & Lords Limited v The Pensions Regulator

The fixed penalty notice was lawfully issued and served to the appellant's registered office, the appellant failed to rebut the presumption of service, did not provide a reasonable excuse for non-compliance, and the penalty amount was proportionate and appropriate.

Parties
Appellant: Berkeley & Lords Limited; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
05 September 2022
Procedural Posture
Pensions Regulatory Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Automatic Enrolment, Employer Duties, Penalties for Non Compliance, Service of Notices
Pensions Law Regulatory Law Automatic Enrolment Employer Duties Penalties for Non Compliance Service of Notices

Case Brief

Summary, issues, holding and outcome

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Parties

Berkeley & Lords Limited

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Pensions Regulatory Appeal / Final Judgment

Legal Issues

  1. 1 Whether the fixed penalty notice was lawfully issued and served
  2. 2 Whether the appellant had a reasonable excuse for non-compliance
  3. 3 Whether the penalty amount was disproportionate

Ratio Decidendi

The fixed penalty notice was lawfully issued and served to the appellant's registered office, the appellant failed to rebut the presumption of service, did not provide a reasonable excuse for non-compliance, and the penalty amount was proportionate and appropriate.

Court Disposition

appeal dismissed

Orders

  • The fixed penalty notice is confirmed.
  • The matter is remitted to the Regulator.