Paul Agius v The Pensions Regulator

Paul Agius v The Pensions Regulator

The appellant failed to provide a proper basis for non-compliance with the compliance notice. Responsibility for completing the declaration rests with the employer, and failure to check the form for completeness is not a defence. The penalty was appropriate and proportionate.

Source-derived case information.

Parties
Appellant: Paul Agius; Respondent: The Pensions Regulator
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Regulatory Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Fixed Penalty Notice, Compliance Notice, Statutory Compliance, Appeal Procedure
Pensions Regulation Fixed Penalty Notice Compliance Notice Statutory Compliance Appeal Procedure

Source-derived case record

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Paul Agius

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Regulatory Appeal / Judgment

Legal Issues

  1. 1 Whether the fixed penalty notice was properly issued for failure to comply with a compliance notice
  2. 2 Whether the online form's clarity or the appellant's belief constitutes a defence to non-compliance

Ratio Decidendi

The appellant failed to provide a proper basis for non-compliance with the compliance notice. Responsibility for completing the declaration rests with the employer, and failure to check the form for completeness is not a defence. The penalty was appropriate and proportionate.

Court Disposition

appeal dismissed

Orders

  • Reference dismissed
  • Matter remitted to the Regulator