Navid Nawaz Khan v Registrar of Approved Driving Instructors

The case was listed for an appeal against a decision of the Registrar of Approved Driving Instructors (“the Registrar”) made on 14^th January 2025 to refuse to grant the Appellant a third trainee licence. The appeal was listed via CVP on 14^th July 2025.

Neither party attended the hearing. I was satisfied that both parties were aware of the hearing and that it was in the interests of justice to proceed with the hearing in the absence of both parties.

At 14:03 hours on 11^th July 2025, the Appellant sent an email to the Tribunal stating: “I wish to withdraw my appeal”.

The Tribunal sent a copy of that email to the DVSA at 09:04 on 14^th July 2025. The DVSA replied:

“I don’t believe we were copied into the appellants application to withdraw so this is the first time we have had sight of this.

We consent to the withdrawal of this appeal”.

Rule 17 of the Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009 states:

“17.

Withdrawal

(1)

Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it –

a.

By sending or delivering to the Tribunal a written notice of withdrawal; or

b.

Orally at a hearing.

(2)

Notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.

The Upper Tribunal held in Greenwood v ICO and Commissioner of the Metropolitan Police: [2025] UKUT 76 (AAC), that the First Tier Tribunal’s consent to an appeal being withdrawn is a decision disposing of the proceedings and therefore rule 32(1) of the Procedure Rules requires the Tribunal to hold an oral hearing before making such a decision if the parties have not consented to the matter being determined without a hearing.

I note here that consent was given by both parties to the withdrawal of the appeal. I am satisfied that the Tribunal could have properly determined the issues without a hearing. Nonetheless, in light of the short notice, the oral hearing went ahead. Neither party attended.

In light of the fact that both parties consented to the withdrawal of the appeal and there is no good reason based on the information available to me for not granting that application, the Tribunal hereby consents to the withdrawal by the Appellant of his appeal.