Judicial Review challenge to Pensions Regulator
A fresh challenge to the exercise of the powers of the Pensions Regulator has been refused using principles applicable to a range of regulators.
HIG, a private equity group, and others, sought to resist regulatory action in relation to the Silentnight pension scheme.
As a result of concerns relating to confidential business information the hearing was in private, but the judgment is public.
The court upheld the Regulator's decision to give a second warning notice setting out regulatory action under consideration against HIG rather than a fresh consolidated notice that combined the first and proposed second notices. It held that:
- A warning notice has an investigatory function;
- HIG had an alternative remedy for its challenge to the warning notice under the statutory scheme for pensions regulation;
- There were no exceptional circumstances which indicated that judicial review was available in relation to such a decision;
- The court should be reluctant to grant permission in such a case where it could lead to similar challenges being made routinely, or merely on the grounds that judicial review is more convenient e.g. because of costs;
- HIG's application for disclosure could also be determined under the statutory scheme (so the application of duty of candour was not decided upon).
To read the full judgment, please click here.
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