ITV Plc & Ors v The Pensions Regulator & Anor

ITV Plc & Ors v The Pensions Regulator & Anor

The Upper Tribunal is not constrained by the grounds in the warning notice or Determinations Panel's determination. It has discretion to allow The Pensions Regulator to rely on new grounds, provided it considers all relevant factors, including fairness and prejudice to the targets. There is no statutory threshold test of 'good reason'; the Tribunal must weigh the nature and impact of new allegations, reasons for their late introduction, and any prejudice to the parties.

Parties
Appellant: ITV Plc & Ors; Respondent: The Pensions Regulator; Respondent: Box Clever Trustees Limited
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal
Outcome
appeal allowed
Legal Topics
Financial Support Directions, Procedural Fairness, Statutory Interpretation, Regulatory Powers
Pensions Administrative Law Financial Support Directions Procedural Fairness Statutory Interpretation Regulatory Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

ITV Plc & Ors

Appellant

The Pensions Regulator

Respondent

Box Clever Trustees Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether The Pensions Regulator can rely on grounds not mentioned in the warning notice when its action is challenged before the Upper Tribunal
  2. 2 Whether the Upper Tribunal is constrained by the grounds in the warning notice or Determinations Panel's determination
  3. 3 What test governs the introduction of new allegations in the Upper Tribunal

Ratio Decidendi

The Upper Tribunal is not constrained by the grounds in the warning notice or Determinations Panel's determination. It has discretion to allow The Pensions Regulator to rely on new grounds, provided it considers all relevant factors, including fairness and prejudice to the targets. There is no statutory threshold test of 'good reason'; the Tribunal must weigh the nature and impact of new allegations, reasons for their late introduction, and any prejudice to the parties.

Court Disposition

appeal allowed

Orders

  • Order of the Upper Tribunal set aside
  • Matter remitted to the Upper Tribunal to reconsider the targets' application in light of this judgment