HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011

Decisions

Pensions Regulator Tribunal

Case: 05
Name of decision: Sea ContainersPortable Document Format (PDF) icon (Adobe PDF file size 181kb)

DISCLOSURE – Secondary disclosure by the Regulator – Financial support direction – Allegation of inconsistent practice by Regulator – Whether documents relating to clearances sought by other companies would assist applicant's case as disclosed in its reply – No – Whether such documents constituted restricted information – Yes – Whether Regulator can assert privilege in respect of communications with pension fund trustees – Yes – Pensions Act 2004 s.82 – PRT Rules 2005.690 r 7(1) – Application dismissed

Case: 04
Name of decision: Mrs Adrienne Morris MackiePortable Document Format (PDF) icon (Adobe PDF file size 56kb)

REVIEW BY REGULATOR OF DISCIPLINARY PENALTY- approach- applicant’s changed financial circumstances- relevance of reduction of another party’s penalty.

Case: 03
Name of decision: Derfshaw Ltd Portable Document Format (PDF) icon (Adobe PDF file size 86kb)

Appointment of Independent Trustee – Application by Pension Regulator to Determinations Panel at own instigation – Independent Trustee to have exclusive powers to act – Extent to which members’ views should be taken into account – Whether Determination Notice or consequential order should be revoked or varied – No – References dismissed.

Case: 02
Name of decision: Nigel Antony Ryder (No. 2) and The Pensions Regulator Portable Document Format (PDF) icon (Adobe PDF file size 31kb)

PROCEDURE - Jurisdiction of Tribunal - Strike-out application - Tribunal Rules - Reference notice and subsequent representations fail to identify issues in Determination Notice that Applicant wishes Tribunal to consider - No relevant "matter referred" - Whether Tribunal has jurisdiction to entertain points taken by Applicant - No - Reference struck out

Case: 01
Name of decision: Nigel Antony Ryder and The Pensions Regulator Portable Document Format (PDF) icon (Adobe PDF file size 31kb)

PROCEDURE - Strike out application - Failure to comply with Tribunal rules - Reference notice fails to identify issues in determination notice that Applicant wishes Tribunal to consider - Reply - Reply fails to state grounds on which Applicant relies and to identify matters in dispute - Unless order - Pensions Regulator Tribunal Rules 2000, rules 4,6 and 33

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