Tribunals

• What do tribunals deal with?

  Disputes of a very specialised

  E.g - social welfare rights
• Can cases in tribunals go to court?

  Parties in tribunal cases cannot go to court to resolve their issue
• When were most tribunals set up?

  Following the establishment of the welfare State in 1945
• Why were tribunals set up?

  To act as an alternative environment to deal with the rising number of matters following the new Welfare State
• How many tribunals were there initially?

  More than 70 different tribunals
• How are tribunals distinguished fro courts?


  They are less formal and more specialised
• How do tribunals use the same principles of justica curts?

  There is:

  • A fair hearing for both sides
  • Open and impartial decision making
• What are the two reviews which regard the working of tribunals?

  1. Franks Committee 1957 = Tribunals and Inquiries Act 1958
  2. Leggatt Committee 2001 = Tribunals Courts and Enforcement Act 2007
• Before 2008, what were the two types of tribunals?


  1. Statutory/Administrative tribunals
  2. Domestic tribunals
• Which tribunal still remains EVEN after 2008?

  The Employment tribunal
• What were Statutory/Administrative tribunals?


  They dealt with administrative law - disputed between the individual and the State
• What is an example of a Statutory/Administrative tribunal?

  Immigration tribunal
• What were Domestic tribunals?


  They were used within professional bodies to determine questions relating to the professional conduct of their members
• What is an example of a Domestic tribunal?


  Football Association
• What is the role of tribunals?

  To enforce rights granted through the social welfare legislation
• What is an example of a social welfare right?

  The right to a payment for those made redundant at work
• What were the criticisms of tribunals made by the Leggatt Committee 2001?


  • Tribunals were not user friendly
  • They were inaccessible to the public
  • There was a lack of independence
  • There was a lack of uniformity of the procedure
• What did the Tribunals, Courts and Enforcement Act 2007 do?


  Provided a new legal framework which brought the individual tribunals into a new, unified structure
• How is the tribunal system now structured?

  There is the First Tier Tribunal and the Upper Tribunal. The Employment Tribunal is still on its own
• Describe the First Tier Tribunal:

  • Deals with approximately 600,000 cases annually
  • Has about 200 judges and 3,600 lay members
  • Has original jurisdiction
  • Heard by a single Tribunal judge or a judge with two expertise lay members
  • Creates a binding decision
• What are the seven chambers of the First-Tier tribunal?

  1. Social Entitlement
  2. Health, Education and Social Care
  3. War Pensions and Armed Forced Compensation
  4. General Regulatory
  5. Tax
  6. Land, Property and Housing
  7. Asylum and Immigration
• How does the Employment Tribunal work?

  A judge is assisted by two lag members which represent the employer and the employee
• What type of jurisdiction does the Upper Tribunal have?

  Appellate jurisdiction
• What are the four chambers of the Upper Tribunal?

  1. Lands
  2. Asylum and Immigration
  3. Finance and Tax
  4. Administrative Appeals
• What are the main functions of the Upper Tribunal?


  1. To hear appeals from the First-Tier tribunal
  2. To conduct Judicial Review on cases heard in the First Tier tribunal
• Where do appeals from the Employment Tribunal?

  To the Employment Appeals Tribunal which operates separately from the Upper Tribunal
• What is the procedure in tribunals?

  Both parties present their case. They can give evidence and use witnesses in a formal procedure or it can operate in a less formal way
• Is legal funding available?

  Legal funding is only available in some tribunals so applicants will often represent themselves
• Who heads the new tribunals system?

  The Senior President of Tribunals who assigns judges to Chambers
• Who appoints tribunal members?

  The Judicial Appointments Committee
• Who keeps the tribunals system under review and control?

  The Administrative Justice and Tribunals Council
• Who oversees tribunals?


  His Majesty's Court and Tribunal Service
• What are the advantages of the tribunal system?

  • Cases are short and quick
  • Cheap - most tribunals do not charge fees
  • Private
  • There is a sense of informality
  • Flexible - there are no strict rules of precedent
  • Expertise
  • More transparent, independent and fair
• What are the disadvantages of the tribunal system?

  • There is a lack of openness
  • Unavailability of legal funding
  • It can be intimidating for parties to represent themselves
  • Inconsistency - there is a lack of precedent
  • Is the case is complex, there can be delays