Source: All England Reporter
Publisher Citation: [2012] All ER (D) 09 (Sep)
Neutral Citation: [2012] Lexis Citation 72
Court: Upper Tribunal (Tax and Chancery Chamber)

Sir Stephen Oliver QC

Representation The third applicant appeared in person and as representative of the first applicant.
  James Quarrell for the applicants.
  Paul Newman QC for the first respondent.
  Adrian Berrill-Cox for the Financial Services Authority for the respondents.
Judgment Dates: 17 August 2012


Pension - Pension scheme - Trustees - First respondent Pensions Regulator and second respondent Financial Services Authority making prohibition order and issuing decision notices against applicants - Applicants seeking to refer respondents' decisions to Upper Tribunal (Tax and Chancery Chamber} - Respondents seeking to strike out proposed references - Whether reasonable prospect of applicants' case on reference succeeding - Whether applicants failing to cooperate with tribunal.

The Case

Pension Pension scheme. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the applications by the first respondent Pensions Regulator and the the second respondent Financial Services Authority (the FSA) to strike out the applicants' reference notice by which the applicants sought to refer to the tribunal the order made by the determinations panel of the Pensions Regulator and the decision notices of the FSA, the effect of which was to prohibit the applicants from acting as trustees of any occupational pension scheme established under trust and to prohibit them from performing any function in relation to regulated activity carried on by any authorised person, exempt person or professional firm.

Practice Areas

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