Robert James Baker v Registrar of Approved Driving Instructors
- Status
- Judgment
- Jurisdiction
- England and Wales
- Posture
- Appeal / Case Management Decision
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal is struck out because the appellant is no longer eligible to apply for a Part 3 test, having passed Part 1 more than two years ago, and thus cannot be granted a trainee licence.
Court disposition
appeal struck out
Orders
- Appeal struck out as having no reasonable prospects of success.
02
Material facts
Parties
Robert James Baker
Appellant03
Procedural history
Posture
Appeal / Case Management Decision
04
Questions and positions
Legal issues
Whether the appellant's appeal against refusal of a third driving instructor trainee licence has reasonable prospects of success
Party arguments
- Applicant
- No representations or arguments were submitted by the appellant despite invitation.
- Respondent
- The appellant is ineligible for a trainee licence as two years have expired since passing Part 1 test, making him ineligible for Part 3 test and thus the licence.
05
Court’s reasoning
Legal principles
- 01
Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
An appeal may be struck out if it has no reasonable prospects of success.
- 02
Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005
Eligibility for a trainee licence is contingent on being eligible to undertake a Part 3 test within two years of passing Part 1.
06
Ratio, limits and disposition
Ratio decidendi
The appeal is struck out because the appellant is no longer eligible to apply for a Part 3 test, having passed Part 1 more than two years ago, and thus cannot be granted a trainee licence.
Court disposition
appeal struck out
- Appeal struck out as having no reasonable prospects of success.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
Neutral Citation Number: [2026] UKFTT 00004 (GRC) Case No. In the First-tier Tribunal (General Regulatory Chamber) Transport Before: Judge McMahon Appellant: Respondent(s): Robert James Baker Case Management Decision (The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009) 1. This appeal, against a decision of the Respondent refusing the application of the Appellant for a third driving instructor trainee licence is struck out, pursuant to Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (‘the Rules’), as having no reasonable prospects of success, since the Appellant, pursuant to Regulation 3(4)(c) of the Motor Cars (Driving Instruction) Regulations 2005, is no longer eligible to apply to undertake a Part 3 test, two years having expired since he passed his Part 1 test on 5 October 2023, and the only purpose of a trainee licence being to aid the Appellant to gain sufficient experience to undertake a Part 3 test.
2. The Respondent, in an application dated 22 October 2025, made an application to have this appeal struck out in those circumstances.
3. In Case Management Directions dated 21 November 2015 issued by the Tribunal, the Appellant was invited to make representations, if he so wished, pursuant to Rule 8(4) of the Rules, by 5 December 2025, as to why his appeal should not be stuck out or, in the alternative, confirming that he wished to withdraw his appeal.
4. No reply was received from the Appellant.
5. I grant the Respondent’s application in all the circumstances without further direction and strike out this appeal a having no reasonable prospects of success. Signed Date: 2 January 2026.
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