English Legal System: Tribunals Flashcards
What are tribunals?
Forums used instead of a court for deciding certain types of disputes.
What are the three people tribunals are composed of?
One legally qualified
Two experienced in the area considered by the tribunal
Why were tribunal created?
They were created after WW1 as part of the development of the welfare state to enforce people’s social rights.
What was held in the case of Peach Grey V Sommers 1995?
Parties attending employment tribunal proceedings should respect the forum as much as they would respect the more traditional courts.
What is administrative?
A type of Tribunal that deals with disputes between individuals and the State over rights contained in social welfare legislation.
What is domestic?
An internal tribunal used for disputes with private bodies, such as the Law Society.
What is employment tribunal?
A tribunal that deals with disputes between employees and employers over rights under employment legislation.
What are the six chambers First-Tier tribunals operate in?
War Pensions and Armed Forces Compensation Chamber
Social Entitlement Chamber
Health, Education and Social Care Chamber
Tax Chamber
Immigration and Asylum Chamber
Land, Property and housing Chamber
What are the four chambers Upper tribunals are divided into?
Administrative Appeals Chamber
Tax and Chancery Chamber
Lands Chamber
Immigration and Asylum Chamber
What are the advantages of tribunals?
Cheap as the applicants are encouraged to represent themselves
Quick and private hearings
The members of the panel are experts in the type of case being heard.
What are the disadvantages of tribunals?
Legal funding is not available which may put an applicant at a disadvantage if the other side uses a lawyer
The procedure can be confusing for individuals presenting their own case
What is alternative dispute resolution (ADR)?
An alternative method to using the courts to resolve a dispute.
What is negotiation?
Where the parties or their lawyers negotiate directly to see if they can find a resolution.
What is mediation?
Where an independent mediator helps the parties to reach a compromise solution.
