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First-tier Tribunal (General Regulatory Chamber)


You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Young v Registrar of Approved Driving Instructors [2025] UKFTT 609 (GRC) (04 June 2025)
URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2025/609.html
Cite as: [2025] UKFTT 609 (GRC)

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Neutral Citation Number: [2025] UKFTT 609 (GRC)
Case Reference: FT.D.2025.0196

First-tier Tribunal
(General Regulatory Chamber)
TRANSPORT

Decided without a hearing
Decision Given On: 04 June 2025

B e f o r e :

HHJ David Dixon
____________________

Between:
OWEN GREG BORAM YOUNG
Appellant
- and -

THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS
Respondent

____________________


____________________

HTML VERSION OF DECISION
____________________

Crown Copyright ©

    Decision: The appeal is struck out.

    REASONS
  1. On 6th December 2024 the Tribunal received an appeal on form GRC1.
  2. The Appeal was progressing through the Appeal process, with a hearing slot allocated, when the Respondent filed a GRC5 requesting that the Appeal be struck out, as the Appeal has no reasonable prospects of success. The Respondent indicated that the Appellant has failed 3 attempts at his Part 3 examination and is now statute barred from undertaking any further instructional activities and the trainee licence has lapsed. The final unsuccessful attempt took place on 30th April 2025.
  3. By virtue of paragraph 8(3) of The Tribunal Procedure (First Tier Tribunal)(General Regulatory Chamber) Rules 2009, the Tribunal may strike out a party's case, in whole or in part, where:
  4. a. 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;
    b. 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
    c. the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.
  5. Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 stipulates that a trainee licence expires following a third unsuccessful attempt at the Part 3 examination. Here the Appellant failed the final attempt on 30th April 2025. There is no power to extend a licence as a result and the Appeal must fail as a result. Accordingly, in the language of the Tribunal Rules " there is no reasonable prospect of the Appellant's case succeeding" and it is therefore struck out with immediate effect.
  6. Signed: HH Judge David Dixon

    Date: 28th May 2025

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