 | In the First-tier Tribunal (General Regulatory Chamber) Transport NCN: [2026] UKFTT 00759 (GRC) Case No. FT/D/2026/0011 |
Before: Judge Mornington
Appellant: Conner Devlin
Respondent(s): The Registrar of Approved Driving Instructors
Determined on the papers
Decision:
1. The Appeal is struck out.
REASONS
The Appellant filed a GRC1 to appeal against a refusal by the Respondent to grant a further trainee license.
On 24 April 2026, the Respondent filed a GRC5 inviting the Tribunal to strike out the appeal under Rule 8(3)(c) on the basis that the appeal has no reasonable prospect of success.
The Respondent stated that Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations stipulate that within 2 years of passing the written examination and having passed all of the elements of the driving ability and fitness test he must make an application to take the instructional ability and fitness test. The Appellant passed Part 1 of the test on 23 April 2024 and since the 2-year period has now expired, the Appellant is not permitted to book any further Part 3 tests as he is no longer eligible.
On 30 April 2026, the Appellant was directed by the Tribunal to confirm whether the appeal was to be withdrawn, or in the alternative, to provide submissions as to why the appeal should not be struck out. The Appellant failed to comply with those directions and has not responded to the Tribunal.
Under Rule 8(3), the Tribunal may strike out a case 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.
The tests under Rule 8(3) (a) and (c) are met and the appeal is therefore struck out.
Signed: Judge Mornington
Date: 15 May 2026