England and Wales Judgment

Chee Kei So v The Registrar of Approved Driving Instructors

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appellant failed their third attempt at the instructional ability test and is therefore no longer eligible to hold a trainee licence; as a result, the appeal has no reasonable prospect of success and must be struck out under Rule 8(3)(c).

Court disposition

appeal struck out

Orders

  • The appeal is struck out under Rule 8(3)(c) because there is no reasonable prospect of it succeeding.

02

Material facts

Parties

Chee Kei So

Appellant

The Registrar of Approved Driving Instructors

Respondent

Amounts and remedies

  • Number of Unsuccessful Instructional Ability Test Attempts: 3

03

Procedural history

  1. Posture

    Appeal / Strike Out Decision

04

Questions and positions

Legal issues

Party arguments

Applicant
No submissions were provided by the appellant in response to the tribunal's directions.
Respondent
The appellant failed their third attempt at the instructional ability test and is no longer eligible to hold a trainee licence; the appeal should be struck out.

05

Court’s reasoning

  1. 01

    Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2025

    A trainee licence remains in force until the day immediately following the trainee’s third unsuccessful attempt at the instructional ability test.

  2. 02

    Rule 8(3)(c) of the Tribunal Procedure Rules

    The tribunal may strike out a case if there is no reasonable prospect of it succeeding.

06

Ratio, limits and disposition

Ratio decidendi

The appellant failed their third attempt at the instructional ability test and is therefore no longer eligible to hold a trainee licence; as a result, the appeal has no reasonable prospect of success and must be struck out under Rule 8(3)(c).

Court disposition

appeal struck out

  • The appeal is struck out under Rule 8(3)(c) because there is no reasonable prospect of it succeeding.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

Neutral citation number: [2026] UKFTT 00711 (GRC) First-tier Tribunal (General Regulatory Chamber) Transport Case Reference: FT/D/2025/1274 Decided without a hearing Decision given on: 18 May 2026 Before

JUDGE HARRIS Between

CHEE KEI SO and

THE REGISTRAR OF APPROVED DRIVING INSTRUCTORS Appellant Respondent Decision: The appeal is struck out under Rule 8(3) because there is no reasonable prospect of it succeeding.

REASONS 1. The appeal concerns the Appellant’s application for a third trainee licence.

2. The Tribunal informed the parties in an order dated 25 March 2026 that it was considering striking out the appeal under Rule 8(3)(c) of the Tribunal Procedure rules on the basis that there was no reasonable prospect of it succeeding.

3. Under Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2025 a trainee licence remains in force until the day immediately following the trainee’s third unsuccessful attempt at the instructional ability test.

4. The Respondent informed the Tribunal by a form GRC5 dated 28 January 2026 that the Appellant failed their third attempt at the instructional ability test on 27 January 2026. Accordingly, the appeal must fail, because the Appellant is no longer eligible to hold a trainee licence. The Respondent applied for the appeal to be struck out. © CROWN COPYRIGHT 2026 5. The Tribunal directed the Appellant on 25 March 2026 to provide any submissions as to why the appeal should not be struck out by 10 April 2026. The directions stated that the appeal would be struck out if no representations opposing the strike out were received. The Appellant provided no submissions in response.

6. I therefore strike the appeal out under Rule 8(3)(c) because I am satisfied there is no reasonable prospect of it succeeding. Signed: Judge Harris Date: 14 May 2026 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Regulation 14(b) of the Motor Cars (Driving Instruction) Regulations 2025

Legislation

Legislation referenced in the available case record.

Rule 8(3)(c) of the Tribunal Procedure Rules

Legislation

Legislation referenced in the available case record.

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