Ho Ken Leung v The Registrar of Approved Driving Instructors

On 27 May 2026 the Respondent filed an application for the Appellant’s appeal to be struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 on the basis that, as the Appellant passed Part 1 of the test on 23 May 2024, he can no longer fulfil the condition contained in regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005. 

By a direction dated 14 July 2026, I directed that the Appellant must confirm to the Tribunal whether he wishes to continue with his appeal by 29 July 2026. The Appellant was notified that failure to do so could result in the Tribunal striking out the Appellant’s case. No response was received from the Appellant.

Having considered all the papers in this appeal, I am satisfied that there is no reasonable prospect of the Appeal succeeding because more than two years have elapsed since the Appellant passed Part 1 of the test on 23 May 2024, and accordingly, I find that as a matter of fact he can no longer fulfil the condition contained in regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005. 

The appeal is therefore struck out under Rule 8(3)© because there is no reasonable prospect of it succeeding.