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R (on behalf of Grace Bay II Holdings Sarl and Others) v The Pensions Regulator

Thursday 16 February 2017

An application for judicial review brought by the Claimant Targets of a Warning Notice against the Defendant Pensions Regulator, with the Trustees of the Silentnight Pension Scheme intervening as an Interested Party. The Trustees and the Regulator successfully argued that permission for judicial review should be refused on the grounds that the Targets had an alternative remedy by reason of the statutory procedure set out in The Pensions Act 2004.

Jonathan Hilliard QC and Jamie Holmes appeared with Monica Carss-Frisk QC for the Trustees.

The Regulator was represented by Fenella Morris QC and Thomas Robinson.

The Targets were represented by Michael Fordham QC, Iain Steele, James McCreath and Ajay Ratan.

Download the Judgment here (Crown Copyright)