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England and Wales decisions
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The High Court struck out the claimants’ copyright pleading for insufficient particulars, but left the trade mark defence largely intact, aside from one correction.
The Tribunal dismissed an employer’s appeal against a £400 pensions fixed penalty notice, finding the compliance notice was properly issued and deemed received.
The tribunal dismissed an appeal against a £400 fixed penalty notice for failure to comply with a pensions compliance notice, remitting the matter to the regulator.
Statutory notices sent to the registered office are presumed served under Pensions Act 2004 and related regulations; mere denial of receipt does not rebut this presumption, and late compliance does not constitute a reasonable excuse to cancel the penalty.
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The Employer did not provide a reasonable excuse for failing to comply with the Compliance Notice. Notices were properly served to the registered office, and the Employer had adequate reminders and time to comply. The Regulator was entitled to issue the Fixed Penalty Notice, which is fixed by law.
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The employer failed to provide a reasonable excuse for non-compliance with the Compliance Notice, statutory presumptions of service were not rebutted, and the penalty is fixed by law; therefore, the Fixed Penalty Notice is confirmed.
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The employer failed to provide a reasonable excuse for non-compliance; statutory presumptions of service and receipt were not displaced; reminders are not legally required; late compliance does not excuse failure to comply by the deadline; the Fixed Penalty Notice was lawfully issued and must be confirmed.
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The employer failed to comply with the Compliance Notice and did not rebut the presumption of service. The Fixed Penalty Notice was properly issued and is upheld. The penalty is not disproportionate or unfair.
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The employer failed to provide a reasonable excuse for non-compliance; statutory presumptions of service were not rebutted; late compliance does not excuse failure to comply by the deadline; the penalty was lawfully and properly imposed.
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The employer failed to provide a reasonable excuse for non-compliance with the Unpaid Contributions Notice, and the statutory presumption of service was not displaced. Late payment of contributions and financial hardship do not justify revocation or reduction of the fixed penalty, which is fixed by law.
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