Jurate Lialyte-Singh v Registrar of Approved Driving Instructors
[2024] UKFTT 723 (GRC)
James Moan v Registrar of Approved Driving Instructor
25 October 2024
[2024] UKFTT 960 (GRC)
First-tier Tribunal
A driving instructor failed his test three times and appealed. He then changed his mind and withdrew the appeal. The court agreed to let him withdraw.
Key Facts
- •James Moan appealed a decision of the Registrar of Approved Driving Instructors.
- •Moan failed his instructional ability test for a third time on October 17, 2024.
- •Moan withdrew his appeal on October 18, 2024.
- •Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2005 prevents success if the test is failed three times.
- •The Respondent advised Moan to withdraw to obtain a fee refund; otherwise, they would seek to strike out the appeal under Rule 8(3)(c) of the Tribunal Procedure Rules 2009.
Legal Principles
A party may withdraw their case with the Tribunal's consent.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Tribunal) Rules 2009, Rule 17
An appeal cannot succeed if a driving instructor makes three unsuccessful attempts at the instructional ability test.
Motor Cars (Driving Instruction) Regulations 2005, Regulation 14(b)
The Tribunal may strike out an appeal with no reasonable prospect of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Tribunal) Rules 2009, Rule 8(3)(c)
Outcomes
The Tribunal consented to the withdrawal of the appeal.
The Appellant withdrew his appeal, and the Tribunal granted consent.
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