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England and Wales Case Law

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Pensions

Terrific Taxis Ellesmere Port Limited v The Pensions Regulator

The notices were properly served to the appellant's registered address, the appellant's bare assertion of non-receipt is insufficient to displace the presumption of service, and the penalty is appropriate and fixed by statute.

  • Fixed penalty notice
  • Compliance notice
  • Service of notice
  • Statutory compliance
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Administrative law

Sally Sims v The Registrar of Approved Driving Instructors

The Tribunal dismissed Sally Sims’ appeal, upholding refusal of a second trainee driving instructor licence for non-compliance, altered documentation, and insufficient progress.

  • Trainee driving instructor licensing
  • Statutory compliance
  • Regulatory decision-making
  • Trainee-driving-instructor-licensing
  • Regulatory-compliance
  • Statutory-appeal
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Pensions law

Nightingale Care Home Ltd v The Pensions Regulator

The tribunal dismissed Nightingale Care Home Ltd’s challenge to automatic enrolment penalties and remitted the matter to the Pensions Regulator.

  • Automatic enrolment
  • Employer duties
  • Penalty notices
  • Statutory compliance
  • Automatic-enrolment
  • Pensions-regulation
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Information rights

Martin Clements v The Information Commissioner & Anor

The Tribunal allowed a FOIA appeal, finding Potto Parish Council held further information about complaints to its auditor and had breached the 20-working-day response deadline.

  • Freedom of information
  • Statutory compliance
  • Public authority obligations
  • Freedom-of-information
  • Information-rights
  • Section-10-foia
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Pensions law

Spart Ltd v The Pension Regulator

The appellant failed to comply with step 3 of the Unpaid Contributions Notice by the deadline, and did not act reasonably in failing to contact the Regulator to explain difficulties. The statutory duty to comply with employer duties is not mitigated by company size or honest mistakes. The Final Penalty Notice was lawfully imposed.

  • Employer duties
  • Unpaid pension contributions
  • Penalty notice review
  • Reasonable excuse
  • Statutory compliance
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Election law

Graham Harry Moore v Sarah Joanne Pochin MP & Anor

An election petition challenging the Runcorn and Helsby by-election was dismissed after the court found the count and recount were properly conducted.

  • Parliamentary election challenge
  • Vote counting procedures
  • Statutory compliance
  • Costs in election petitions
  • Election-petitions
  • Parliamentary-by-elections
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Consumer protection

Ashmore Estates Limited v The London Borough of Enfield

The penalty imposed was unreasonable due to procedural shortcomings and mitigating factors; it was reduced to £1,000 to achieve proportionality and uphold consumer protection.

  • Letting agent fees
  • Financial penalties
  • Procedural fairness
  • Statutory compliance
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Company law

Loungers PLC, Re

The scheme of arrangement was sanctioned because all statutory requirements were met, the shareholder class was fairly represented, the scheme was reasonable and advantageous to shareholders, and there was no legal defect or objection.

  • Scheme of arrangement
  • Share acquisition
  • Statutory compliance
  • Shareholder meetings
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Pensions

Pizzeria Di Napoli Limited v The Pensions Regulator

The Tribunal struck out one pension penalty appeal for lack of jurisdiction and dismissed the other, holding the notices were validly served and no reasonable excuse was shown.

  • Employer duties
  • Penalty notices
  • Statutory compliance
  • Presumption of service
  • Pensions
  • Penalty-notices
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Information law

Julian Saunders v The Information Commissioner & Anor

On the balance of probabilities, the Council had disclosed all relevant information within the scope of the request and did not hold any further information. The Decision Notice did not involve an error of law and was in accordance with the law.

  • Freedom of information
  • Public authority disclosure
  • Statutory compliance
  • Tribunal procedure
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.