Yvonne Isabella Clark v Registrar of Approved Driving Instructors

This appeal came before me pursuant to an application by the Respondent in writing on Form GRC5 dated 20 June 2025 that the appeal be struck out pursuant to Rule 8(3)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, as having no reasonable prospect of success, the Appellant having failed her third attempt at the instructional ability test (‘the Part 3 test’) on 19 June 2025.

Pursuant to Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005, a trainee licence remains in force only until the day immediately following an Appellant’s third unsuccessful attempt to pass the said Part 3 test.

The Appellant, on 24 May 2025, had appealed the Respondent’s decision dated 13 May 2025 to refuse her application for a third trainee licence.

Initial Case Management Directions, dated 28 May 2025, had been issued to the parties that directed, inter alia, that a party, the Appellant herein, must provide a written response to any application of the other party, the Respondent herein, by 14 days after the Respondent’s Response, dated 28 May 2025, had been sent to the Appellant or, in any event, by 9 July 2025. No such written response to the said application was made by the Appellant.

Th said Initial Case Management Directions also directed, in any event too, that if the Appellant did not comply with those Directions, the Tribunal may decide to strike out the appeal.

Having considered the matter, and having regard to the overriding objective, that requires the Tribunal to deal with cases fairly and justly, I strike out this appeal as having no reasonable prosect of success.