Tribunals

Cards (72)

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