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Component One
Civil Process and ADR
Tribunals
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Cards (72)
What role do tribunals play in the legal system?
Act as specialist courts for
specialised
disputes
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What types of disputes are commonly resolved using a tribunal?
Employment
,
immigration
, and
social security
disputes
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What is a key difference between tribunals and courts regarding alternative dispute resolution (ADR)?
No
redress
to
courts
after
tribunal
failure
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What are the three different types of tribunals?
Administrative
: Disputes between individuals and the state.
Domestic
: Internal disputes within private bodies.
Employment
: Disputes between employees and employers.
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Which type of tribunal deals with disputes between individuals and the state over social welfare legislation?
Administrative
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Which type of tribunal is used for disputes within private bodies like the Law Society?
Domestic
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Which type of tribunal is the most common and deals with employer-employee disputes?
Employment
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Why were tribunals originally established?
To enforce people's rights under the
welfare state
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What was a criticism of the tribunal system when it was first introduced?
Over-complication
and
user intimidation
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In what year did the Franks Committee make recommendations for tribunal procedures?
1957
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What principle did the Franks Committee emphasize for tribunal procedures?
Openness
,
fairness
and
impartiality
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What Act implemented the Franks Committee's recommendations?
Tribunals and Inquiries Act
1958
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What year was the Council on Tribunals set up?
1958
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What was a common criticism of the Council on Tribunals?
'Watchdog
with no teeth'
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Who authored the report 'Tribunals for Users - One System, One Service'?
Sir Andrew Leggatt
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In what year was the 'Tribunals for Users - One System, One Service' report published?
2000
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According to Leggatt's report, what did tribunals lack?
Independence
,
coherence
, and user-friendliness
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What Act formalized and implemented most of Leggatt's reforms?
The Tribunals, Court and Enforcement Act
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In what year was The Tribunals, Court and Enforcement Act passed?
2007
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What were the key recommendations made by Leggatt?
A single
Tribunal Service
, independent of government.
Tribunals organized into
divisions
based on type.
A user-friendly system encouraging
self-representation
.
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What is the purpose of a single Tribunal Service?
To unify tribunal
procedure
and administration
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Which of these is NOT a division within the tribunal system?
Criminal
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What duties does a registrar take on within each tribunal division?
Case management
duties
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What rules are the case management duties in line with?
Civil Procedure Rules (CPR)
1998
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How should written judgments be given to ensure the system is user-friendly?
Plain English
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What did Part 1 of the Tribunals, Court and Enforcement Act 2007 establish?
A Tribunal Service that
unified
procedures
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How many tribunals are there now after the reforms?
Two
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What are the two tribunals called?
First Tier Tribunal
and
Upper Tribunal
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What power does the Upper Tribunal have over the First Tier Tribunal?
Judicial review
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What is the effect of the Upper Tribunal's power of judicial review?
Minimises
court
involvement
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Who appoints members to the tribunals?
Judicial Appointments Commission
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Why does the appointment of members by the Judicial Appointments Commission increase the status of tribunals?
Members are registered as
judges
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How is further appeal from the Upper Tribunal structured?
Available to the
Court of Appeal
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Why is further appeal from the Upper Tribunal rare?
Well-structured
system
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Who heads the entire tribunal system?
Senior President of Tribunals
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What responsibilities does the Senior President of Tribunals have?
Assigning
judges, general welfare, and resolving
issues
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What is the purpose of the Senior President's power to issue practice directions?
Maintain unified procedure across
chambers
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Who hears cases in the First Tier Tribunal?
A tribunal
judge
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Who may sit with the judge in some First Tier Tribunal cases?
Specialist
non-legal members
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What expertise do the specialist members have?
Expertise in the
tribunal's
specific field
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