Case Reference: FT.D.2024.0793
TRANSPORT
Decided without a hearing
Before
HHJ David Dixon
Between
MD MOJIBUR RAHMAN
Appellant
and
THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent
Decision: The appeal is struck out.
REASONS
In this matter the Appellant has filed two appeals, FT/D/2024/0814 and FT/D/2024/0793, the latter not on the GRC1 form. The 0814 Appeal is set for hearing. The 0793 Appeal is incomplete, in that is is not in the correct format and the Appellant was informed of the same.
As a result of the 0793 Appeal being incomplete, Case Management Directions, were supplied by Judge Findlay on 13th January 2025 requiring the appeal in proper format on a GRC1 form by 24thJanuary 2025, with a warning that the case could be struck out if there was non-compliance. (Further directions were made to merge documents with the 0814 appeal.)
No reply was received to the Directions.
By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal)(General Regulatory Chamber) Rules 2009, the Tribunal may strike out a party’s case, in whole or in part, where:
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 failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or
the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.
Here the Appellant has failed to co-operate with the proceedings, has failed to provide proper appeal form and therefore the 0793 appeal cannot continue. The failure to assist with the proceedings leaves the Tribunal with no option.
The 0793 Appeal is struck out with immediate effect.
Signed: HH Judge David Dixon
Date: 29th May 2025