tribunals

• are tribunals superior or inferior?

  inferior
• who oversees all tribunal courts?

  His majesty's courts & tribunals service
• how are tribunals different to court?

  -informal

  -specialise in certain topics

  -no fee to bring case

  -no lawyers

  -panel (judge & lay)

  -no precedent

  -no reasons for decisions
• give some examples of specialist topics

  -employment

  -tax

  -war pensions

  -immigration & asylum

  -land / property
• who oversees a tribunal?

  -legally qualified judge

  -2 lay members who are experts in the field
• how many tribunal judges are there (UK)?

  approx 1600
• who appoints tribunal judges?

  judicial appointments commission
• what report made improvements to tribunals?

  Leggatt report 2001
• what act restructured tribunals into first tier & upper tier tribunals?

  tribunals, courts & enforcement act 2007
• can you appeal?

  yes
• give the advantages of tribunals

  -reduced cost

  -expertise

  -speed

  -informality

  -independence
• what are the 2 different appeal routes?

  -first tier --> upper tier

  -to CoA or SC
• explain reduced costs

  parties encouraged to represent themselves
• explain expertise

  at least 1 member of tribunal is expert
• explain speed

  judges take on case management duties = quicker
• explain informality

  no wigs, robes = less intimidating
• explain independence

  JAC appoint tribunal judges
• give the disadvantages of tribunals

  -lack of state funding

  -intimidating

  -delays

  -lack of precedent
• explain lack of state funding

  some cannot afford tribunal
• explain intimidating

  no legal knowledge so may want to hire legal rep = more expensive
• explain delays

  if case is complex
• explain lack of precedent

  leads to inconsistency & unpredictability