AES Smart Metering Limited v The Pensions Regulator

1. On 25 th March 2024 an appeal was received from the Appellant using form GRC1. The Appellant failed to indicate whether the Appeal could be resolved on the papers or at a hearing and so clarification was sought by the Tribunal. No response was received from the Appellant.

2. As a result of the lack of response DJ Moan provided Case Management Directions, issued on 23 rd July 2024, which directed an oral hearing and set standard directions for such a hearing.

3. The Appellant did not reply to the Directions.

4. The Respondent did not comply with the Directions in that a Response was not provided, nor indeed was any correspondence forthcoming.

5. As a result, further Case Management Directions were provided by EJ Oliver requiring responses by 31 st October 2024. No response was received.

6. By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal) (General Regulatory Chamber) Rules 2009, the Tribunal may strike out a party’s case, in whole or in part, where: a. the appellant has failed to comply with a direction which stated that failure by the appellant to comply with the direction could lead to the striking out of the proceedings or part of them; b. the appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or c. the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.

7. Here the Appellant has failed to co-operate with the proceedings and therefore it is difficult to see any reasonable prospect of the case proceeding fairly. The repeated failing to engage and assist with the proceedings leaves the Tribunal with little option.

8. The Appeal is therefore struck out with immediate effect. Signed: HH Judge David Dixon Date: 28 th May 2025