tribunals

Cards (22)

  • 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