A driving instructor failed her final test three times – the maximum allowed. She appealed, but the court threw out her appeal because she had no chance of winning and didn't even respond to the court's attempts to contact her.
Key Facts
- •Appeal by Jurate Lialyte-Singh against the Registrar of Approved Driving Instructors.
- •Appellant failed Part 3 (instructional ability) of the ADI qualifying test three times.
- •Maximum permitted attempts under statute exhausted.
- •Respondent (Registrar) requested appeal withdrawal, then applied for strike-out.
- •Appellant did not respond to Case Management Directions to withdraw appeal.
Legal Principles
Tribunal can strike out an appeal with no reasonable prospect of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, as amended
Outcomes
Appeal struck out.
Appellant failed to pass Part 3 of the ADI qualifying test for the third time, exceeding the statutory limit of attempts. Appellant failed to respond to warnings and opportunities to withdraw the appeal.