Cush Decor Ltd v The Pensions Regulator

Cush Decor Ltd v The Pensions Regulator

The Tribunal declined to admit the rule 4(3) application due to a severe and unexplained delay of 453 days, finding no justification and prioritising the public interest in compliance and finality.

Parties
Appellant: Cush Decor Ltd; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
29 November 2022
Procedural Posture
Appeal / Decision on Application to Admit Out of Time Review
Outcome
Application not admitted; Tribunal will take no further action.
Legal Topics
Extension of Time, Tribunal Procedure, Penalty Notices
Pensions Regulation Administrative Law Extension of Time Tribunal Procedure Penalty Notices

Case Brief

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Parties

Cush Decor Ltd

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Appeal / Decision on Application to Admit Out of Time Review

Legal Issues

  1. 1 Whether the Tribunal should admit a rule 4(3) application made 453 days out of time
  2. 2 Whether reasons provided justify extension of time for review

Ratio Decidendi

The Tribunal declined to admit the rule 4(3) application due to a severe and unexplained delay of 453 days, finding no justification and prioritising the public interest in compliance and finality.

Court Disposition

Application not admitted; Tribunal will take no further action.

Orders

  • Rule 4(3) application not admitted
  • No further action by Tribunal