NCN: [2026] UKFTT 00875 (GRC) | Case No. FT/D/2026/0158 |
In the First-tier Tribunal (General Regulatory Chamber) Transport |
Before: Judge Mornington
Appellant: Samuel Fissahaye
Respondent(s): The Registrar of Approved Driving Instructors
Determined on the papers
Decision:
1. The Appeal is struck out and the hearing listed for 12 June 2026 is vacated.
REASONS
The Appellant filed a GRC1 with the Tribunal to appeal against a refusal by the Respondent to grant a further trainee license.
The Respondent has 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 14(b) of the Motor Cars (Driving Instruction) Regulations stipulate that a trainee license expires the day following the trainee’s third unsuccessful attempt at the instructional ability test and that, according to his records, the Appellant had failed that test for the third time.
On 14 May 2026, the Appellant was directed by the Tribunal to confirm whether the appeal was to be withdrawn, or in the alternative, to provide submissions as to why the appeal should not be struck out.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: 12 June 2026