Tribunals Flashcards
what are tribunals?
forums used instead of a court for deciding certain types of disputes, less formal than courts
can parties involved in tribunals go to court to resolve dispute?
no, tribunals used instead of courts
what is the role of tribunals?
enforce rights which have been granted through social and welfare legislation e.g. right not to be discriminated, right to payment if made redundant
what did the reform by the Tribunals, Courts and Enforcement act 2007 create?
unified structure for tribunals;
first-tier tribunals to hear cases at first instance and an upper tribunal to hear appeals
what are the 7 chambers (divisions) of the upper-tier tribunal?
- social entitlement chamber, wide range of matters like child support, criminal injuries compensation and gender recognition
- health, education and social care chamber
- war pensions and armed forces compensation chamber
- general regulatory chamber
- taxation chamber
- land, property and housing chamber
- asylums and immigration chamber
also the employment tribunal, operates seperatly
what are the 4 divisions of the upper tribunal?
- administrative appeals chamber, appeals from social entitlement, health and war chambers
- tax and chancery chamber
- lands chamber
- asylum and immigration chamber
what is the further appeal route from upper tribunal?
possible further appeal route to Court of appeal and from here a final appeal route to the supreme court
who hears cases in first tier tribunal?
a tribunal judge. in some cases, 2 non-lawyers will sit with judge to make decision, these people will have expertise in the particular field of the tribunal. in employment tribunal, one person will be from an employers organization and other from employee organization
is the decision of tribunal binding?
yes
what is the procedure of tribunals?
both sides will be given opportunity to put their case, in some tribunals like employment and asylum there is a formal procedure with witnesses giving evidence on oath and cross-examined
is funding for representation in tribunals available?
only in a few tribunals so most applicants will present their own case (judge will make sure they put forward case fully). employment tribunals=employees have representation provided by their trade union
what are advantages of the tribunals?
- cheapness, encouraged to represent themselves
- quick hearings, can be dealt in 1 day
- informality, most heard in private, present own case
- expertise, 2 non-lawyers sit with judge, expert in type of case, good knowledge and understanding of issue in dispute
what are disadvantages of the tribunals?
- lack of funding, legal aid not available for most tribunals, puts applicants in disadvantage if other side (employer or gov department) have a lawyer
- more formal than ADR, procedure may be confusing for putting forward own case, judge expected to take an inquisitorial role and help establish points that applicant is trying to make, this doesn’t always happen
- delay, can be delay in getting a hearing, use of non-lawyers can add to this problem as they usually sit once a fortnight. if case is complex and lasts several days, it can be spread out over weeks or months
why are more and more people and businesses looking to seek other methods than court to resolve disputes?
courts can be costly in money and time, it may be traumatic, may not lead to most satisfactory outcome, usually open to public so nothing stopping details of case published in newspapers
what does ADR stand for?
alternative dispute resolution
