Reporting other courts inquests, tribunals & inquiries

Question 1

Tribunals

Answer 1

All tribunals can be challenged via an appeals procedure.
They appeal to high courts and supreme courts.

Can revoke order before case is decided

Question 2

Tribunals

Answer 2

Legal body that adjudicates on disputes on specialised areas of law.

• Immigration tribunal
• Employment tribunal
• Benefits tribunal

Question 3

Facts

Answer 3

• Less rule-bound, less formal
• Consists of a panel with some expertise
• Individual can put own case without lawyer
• Similar to courts, designed to decide disputes faster than in a court case

Question 4

Employment tribunals

Answer 4

• Sexual/racial discrimination
• Disputes over employment contracts
• Assess cases independently
• Appeal (AET) sits in London
• Unfair dismissals

Has legally qualified chairman & 2 other members

1. Employers organisation
2. Employee’s organisation

Question 5

Employment tribunals - Rule 50

Answer 5

Rule 50 states restrictions can be imposed when case involves sexual misconduct

Claim is brought under s17A or s25(8) of disability discrimination act
- includes evidence of a personal nature

Question 6

Private Employment Tribunals

Answer 6

Can be held in private where:

• Confidentiality breached by witness evidence
• Witness evidence would breach an Act of Parliament
• Evidence discussed would cause ‘injury’
• Public hearing would be against interests of national security

Question 7

Tribunals & Inquiries Act 1992

Answer 7

Must give fair hearing to both sides and make impartial decision

Question 8

Public Inquiry

Answer 8

Other legal investigatory process
Local
- When a new development planned for town/region
- Media reports covered by qualified priviledge

Question 9

Public Inquiry - s37 inquiries act, 2005

Answer 9

Has some protection as court proceedings, covered by absolute privilege

Question 10

Public Inquiry - s19 inquiries act 2005

Answer 10

Evidence can be heard in private if national security is involved, not covered by privilege

Question 11

Defamation Act

Answer 11

Absolute privilege for reports of tribunals exercising judicial power of state

Qualified privilege applies to any tribunal meeting in public & exercising a function under statutory provision

Question 12

Restrictions

Answer 12

Prevents press naming anyone specified in order.

May include victims or others affected but the allegation, including the alleged perpetrator.

Question 13

Restrictions - Full restriction order

Answer 13

Media cannot report until tribunal has:

• made final decision
• issued written judgement

Question 14

Restrictions - Breach

Answer 14

Criminal offence = £5000 fine

Rule 49 employment tribunals regulations 2004
= sexual misconduct
- tribunal must remove info identifying victim from documents available, could include name of perpetrator

Question 14

Restrictions - Breach

Answer 14

Criminal offence = £5000 fine

Rule 49 employment tribunals regulations 2004
= sexual misconduct
- tribunal must remove info identifying victim from documents available, could include name of perpetrator

Question 15

Temporary Order

Answer 15

Gives parties 14 days to apply to have order converted into full one or have it revoked after it lapses

Question 16

Sexual Misconduct

Answer 16

Restrictions can be requested by:

• Claimant
• Respondent
• Tribunal can refuse request
• Put in place by tribunal