In January Chappell was convicted at Brighton Magistrates’ Court of three offences of neglecting or refusing to provide information and documents without a reasonable excuse. He was sentenced toa £50,000 fine, £37,000 costs and a £170 victim surcharge.
Today he lost his appeal at Hove Crown Court after Judge Christine Henson QC said Chappell’s evidence was “entirely unbelievable”. The case was adjourned for sentencing on a date to be fixed.
Chappell failed to provide information that TPR had required him to supply as part of its investigation into the purchase and then collapse of BHS, using powers under section 72 of the Pensions Act 2004.
He also failed to provide TPR with information about a possible unauthorised disclosure of restricted material. TPR’s separate anti-avoidance action against Chappell in respect of the BHS pension schemes is continuing.
Judge Henson said: “We have concluded that the majority of answers given by the appellant were not credible. He had not provided any reliable evidence to support any of the reasons he says provide him with a reasonable excuse.”
TPR executive director of frontline regulation Nicola Parish says: “We are pleased that the court has confirmed that Dominic Chappell was wrong when he failed to provide us with information we required as part of our BHS investigation. Three different judges have now criticised his behaviour and he is left with a criminal conviction.
“This case should stand as a further warning to others that if we require information from them and they fail or refuse to provide it, they should expect to be prosecuted and convicted.”