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England and Wales decisions
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Tribunal upheld an ESOS civil penalty against Azenta UK Limited but reduced it slightly, finding the earlier notices were sufficiently served and the penalty only partly unreasonable.
The Tribunal does not have jurisdiction because no review of the fixed penalty notice was requested within the prescribed period and statutory presumptions of service were not rebutted.
Source excerpt
The First-tier Tribunal struck out an appeal against penalty notices issued by The Pensions Regulator, holding that no valid review request was made in time and jurisdiction was absent.
The Court of Appeal held that a landlord may rely on reasonable excuse for failing to comply with an improvement notice that was properly served but not received.
Manchester City Council v Tabbasam [2026] EWCA Civ 361 (26 March 2026)
The Court of Appeal held that a landlord could rely on reasonable excuse for failing to comply with an improvement notice she never actually received, despite valid service at her Land Registry address.
The Tribunal struck out RapidTalent Solutions Limited’s appeal against The Pensions Regulator for lack of jurisdiction because the review request was late and service was not rebutted.
The tribunal struck out TPM Cleaning & Facilities Ltd’s appeal, finding no jurisdiction because the review request for the fixed penalty notice was out of time.
The First-tier Tribunal struck out I Monitor FS Limited’s reference against an escalating penalty notice because it lacked jurisdiction under the Pensions Act 2008.
The Tribunal approved the Consent Order as the parties resolved the dispute through mediation, confirming the Fixed Penalty Notice of £400 as payable and revoking the Escalating Penalty Notice, with the Tribunal retaining oversight to ensure procedural fairness and compliance with the overriding objective.
Source excerpt
The First-tier Tribunal struck out an appeal against pension penalty notices, holding it lacked jurisdiction because no timely review had been requested under the Pensions Act 2008.
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