Davide Cupertino v The Pensions Regulator

Davide Cupertino v The Pensions Regulator

The appellant failed to rebut the statutory presumption of service and did not provide a reasonable excuse for non-compliance with employer duties. Late compliance does not justify revoking the penalty.

Parties
Appellant: Davide Cupertino; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
11 April 2025
Procedural Posture
Appeal / Final Judgment
Outcome
reference dismissed
Legal Topics
Automatic Enrolment, Fixed Penalty Notice, Employer Duties, Declaration of Compliance
Pensions Employment Law Regulatory Compliance Automatic Enrolment Fixed Penalty Notice Employer Duties Declaration of Compliance

Case Brief

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Parties

Davide Cupertino

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant received the compliance notice and related correspondence
  2. 2 Whether the appellant provided a reasonable excuse for failure to comply with employer duties

Ratio Decidendi

The appellant failed to rebut the statutory presumption of service and did not provide a reasonable excuse for non-compliance with employer duties. Late compliance does not justify revoking the penalty.

Court Disposition

reference dismissed

Orders

  • fixed penalty notice confirmed
  • matter remitted to respondent