Jacqueline Jenkins v Registrar of Approved Driving Instructors

The Appellant lodged an appeal on 1 July 2024 indicating that they wished to challenge a decision of the Respondent dated 19 June 2024. The appeal was incomplete because the Appellant did not include a copy of the decision they wished to appeal against.

Directions were issued on 8 July 2024 requiring the Appellant to provide a copy of the decision to the Tribunal within 28 days. When the decision was still not provided, further Case Management Directions were issued on 11 December 2024 requiring the Appellant to provide a copy of the decision no later than 30 December 2024. These Case Management Directions contained a warning that failure to comply with the Direction could lead the Tribunal to strike out the appeal under Rule 8(3)(a).

The Tribunal may strike out the proceedings under Rule 8(3)(a) if “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”.

The Appellant has been given two further opportunities to provide the Tribunal with a copy of the decision they wished to challenge that was missing from their appeal. The Appellant has failed to provide a copy despite being warned of the possibility of their appeal being struck out. More than 9 months have elapsed since the appeal was lodged without a response from the Appellant. In all the circumstances, it is appropriate to strike out the proceedings under Rule 8(3)(a).

The Appellant may apply to the Tribunal under Rule 8(5) for the proceedings to be reinstated. Any such application must be made in writing and received by the Tribunal within 28 days after the date the Tribunal sent notification to the Appellant of the striking out (Rule 8(6)).