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England and Wales decisions
Decisions matching the current search
The Tribunal does not have jurisdiction because the statutory conditions for appeal under section 44 of the Pensions Act 2008 were not met; no review was conducted by the Regulator within the prescribed period, and presumptions of service apply to notices sent to the business address.
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The Upper Tribunal refused to strike out an appeal, holding that the DBS’s notified decision letter conveyed a substantive review outcome and therefore engaged jurisdiction.
Mr Jemal failed three standards check tests and did not satisfy the Tribunal that the Registrar’s decision to remove him from the Register was wrong. The Tribunal cannot consider the fairness of the tests, and the bereavement was not raised in initial representations or appeal.
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The First-tier Tribunal struck out Abrar Khan’s appeal against refusal of a third trainee driving instructor licence after he failed Part 3 three times and did not respond to directions.
The Tribunal refused to extend time for an appeal against CQC cancellation of registration, finding the application was not received in time and no exceptional circumstances justified relief.
Permission to bring a late appeal was granted because, for the amendments to the partnership returns, the appellant had a good reason for the delay: HMRC’s correspondence reasonably led him to believe he had no right of appeal. For the discovery assessment and penalty, although there was no good reason for the delay, the incremental prejudice to HMRC was small and it would be unjust to refuse permission for 2019-20 when the same factual dispute would be litigated for earlier years. The three-stage Martland test was applied, following Medpro and Pawar, and the balancing exercise favored granti…
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The appellant had already benefited from two trainee licences and additional time due to the appeal process, and did not discharge the burden of proof to show the Registrar's refusal was wrong; family circumstances did not justify further extension given statutory limits and available alternatives.
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The adoption order was made without proper notice to the birth father, constituting a procedural irregularity. The court, before sealing the order, must allow the father an opportunity to apply to set aside the order under Family Procedure Rules 27.5, as the error was identified promptly and the order not yet perfected.
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The Tribunal dismissed the appeal as the discovery assessments were valid, accurate, and issued within time; the Tribunal lacks jurisdiction over data breach and fairness arguments, and interest charges/self-assessment return are not appealable.
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The Upper Tribunal held that new-style ESA overpayments are recoverable under section 71ZB regardless of cause, and that the tribunal could consider only the amount recoverable.
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