Chee Kei So v The Registrar of Approved Driving Instructors
- Status
- Judgment
- Jurisdiction
- England and Wales
- Posture
- Appeal / Strike Out Decision
On this page
Professional case brief
Research organized from the available case record
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
AppellantThe Registrar of Approved Driving Instructors
RespondentAmounts and remedies
- Number of Unsuccessful Instructional Ability Test Attempts: 3
03
Procedural history
Posture
Appeal / Strike Out Decision
04
Questions and positions
Legal issues
- 01
Whether the appellant is eligible for a third trainee licence after failing the instructional ability test three times
- 02
Whether the appeal has any reasonable prospect of success under Rule 8(3)(c)
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
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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