Tribunal Essay Flashcards
(QUESTION)
The traditional advantages of the Tribunal System were perceived as being a form of lay justice which was open and transparent without the formality and costs associated with Court Action but have recent reforms made the advantages and disadvantages of Administrative Justice, perhaps, less clear cut?
This is a example question
Introduction
-Underwent major reform because of the tribunals,courts and Enforcement act 2007.Creating the first tier tribunal and the upper tribunal
-Three aims include openness,fairness and impartiality
-First tier tribunal dealing with a variety of devolved issues such as health and employment,along with different subsection and chambers such as the tax Chamber
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Introduction (2)
-Upper tribunal deals with appeals coming out the first tier tribunal
-Administrative tribunals cover a variety of Subject matters
-Some tribunals such as the Employment tribunal have a degree of formality
-focus On administrative tribunals,employment tribunals and the overall characteristics
What are tribunals?
-Tribunals are independent and impartial ,like the courts but less formal and more accessible.
-Sir Oliver”take openess..take fairness…take impartiality”
-First tier tribunal is split into chambers each with their own president in a specilisied area such as social security/tax
-allows for specilist in legal areas with vast experience and expertise in an area
-allowing for rightful justice as there will be high accuracy
Positive Characteristics of Tribunals
-Informal nature benefits certain tribunals such as the childrens hearing system in family law
-Allows for more freedom and a more desirable outcome,most formal representation being guidance teacher.Advantagous as parties have less pressure to make a decision
-Doesn’t span all tribunals Such as the employment tribunal, highly similar to courts
-Another example is the land tribunal which has a formal layout and is prisided over by a court of session judge
-tribunals are cheaper and in some cases free with legal adi however this doesnt extend to employment tribunals
-relate back to question with thus showing tribunals over time have went further away from sir oliver
Disadvantage Of tribunals
-the increased formality and are not independent of the government as they should be. Resulting in tribunals very much acting like courts although not being the desired purpose
-Further issues arise from legal aid generally not being available. This resulting in many individuals being Solely represented by themselves and thus since they’re not legally trained less likely to be successful and not get rightful justice.
-tribunals,court and Enforcement act 007 gave tribunals similair powers to the courts
Conclusion
-Not hit three main principles set out by franks report
-not remained fair as financial affordment can cause
-developments through legislation coming in has lifted pressure of the ocurts.But comprised main aims ,may be due to limited access to legal Aid
what are tribunals
(1,2)
-Developments over the years due to the laggart report lead to the tribunal (Scotland) act 2014 which saw to integrate the first tier and upper tribunal system to Scotland and to generally streamline the system
-This act also appointed a lord president in for scottish tribunals
-subsequently leading to the scottish court service and tribunal system mergin into teh scottish court and tribunal service
