Tribunal Over Judicial - Advantages

Question 1

Intro

Answer 1

UK tribunal & judicial system aim to resolve disputes but in different ways

Tribunals more accessible compared to judicial system which is more formal

Essay will explore advantages & disadvantages of both with reference to Scottish tribunals within UK system & Scottish Courts & Tribunal Service

Question 2

TS Advantages - Accessible

Answer 2

Accessible for those with little access to legal representation

Less formal & more simple making it easier for people to represent themselves

Question 3

TS Advantages - Efficient

Answer 3

Faster way to resolve disputes better for those in need of quicker decisions

Question 4

TS Advantages - Knowledge

Answer 4

Focused on specialist areas of law, panel members have expertise in areas, more informed decisions

Question 5

TS Advantages - Costs

Answer 5

Less expensive making them more accessible

Question 6

TS Disadvantages - Less Formal

Answer 6

Informal, advantage, disadvantage as parties feel this makes system open to bias

Question 7

TS Disadvantages - Appeal Restrictions

Answer 7

Ability to appeal decision in tribunal more restricted than judicial system

Only allow appeal on points of law which limits opportunity for amendments where decision is unfair

Question 8

JS Advantages - Formal

Answer 8

Contrast, judicial system more formal & deals with a wider range of cases from criminal to civil disputes

Courts formal institutions which ensures fairness

With legal representation more common, legal scrutiny is more allowed

Question 9

JS Advantages - Appeals

Answer 9

Courts allow the possibility of appealing on both the law & facts allowing for scrutiny over the original decision

Question 10

JS Disadvantages - Formal

Answer 10

As courts are more formal, parties may feel more intimidated than in tribunals

Question 11

JS Disadvantages - Expensive

Answer 11

Court proceeding are more expensive which can be a barrier for those on lower income

Question 12

SCTS - Sheriff Court

Answer 12

Sheriff Court deals with civil & criminal cases including family law

More varied jurisdiction than tribunals

Decisions made more likely to be subject to appeal

Question 13

Conclusion

Answer 13

Tribunal advantages with cost, speed & accessibility
- Perfect for specialised disputes

Judicial system is more suited for complex cases

Balance between the two depends on the nature of dispute with judicial system providing scope for more varied legal matters whereas tribunals better for cases within their jurisdiction