Devtech Security Limited v The Pensions Regulator

Devtech Security Limited v The Pensions Regulator

The Tribunal lacks jurisdiction because the Appellant's application for review was submitted outside the statutory 28-day period and the Respondent declined to exercise discretion to review; neither statutory condition for Tribunal reference was satisfied.

Parties
Appellant: Devtech Security Limited; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
10 July 2025
Procedural Posture
Regulatory Appeal / Strike Out Application
Outcome
reference struck out
Legal Topics
Auto Enrolment, Fixed Penalty Notice, Jurisdiction, Review of Notices
Pensions Regulatory Law Auto Enrolment Fixed Penalty Notice Jurisdiction Review of Notices

Case Brief

Summary, issues, holding and outcome

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Parties

Devtech Security Limited

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Regulatory Appeal / Strike Out Application

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the reference given the timing of the review application
  2. 2 Whether the Appellant rebutted statutory presumptions regarding notice receipt
  3. 3 Whether reasonable excuse for non-compliance is relevant

Ratio Decidendi

The Tribunal lacks jurisdiction because the Appellant's application for review was submitted outside the statutory 28-day period and the Respondent declined to exercise discretion to review; neither statutory condition for Tribunal reference was satisfied.

Court Disposition

reference struck out

Orders

  • The reference is struck out under Rule 8(2).