Tribunals Flashcards
What are tribunals?
Tribunals are an important part of the legal system and act as ‘specialist courts’ for disputes in specialised areas.
- They can be used as a method of adr
What does a tribunal usually consist of ?
- Three people including
- one neutral chairperson and one representative from each side.
What are the three types of tribunals ?
- Administrative - these tribunals hear disputes between individuals and the state. Examples include social security, mental health and immigration.
- Domestic - these refer to internal tribunals used for disputes within private bodies such as the Law Society and the General Medical Council.
- Employment- these deal with disputes between employers and employees.
Give a brief history of tribunals .
- The National Insurance Act 1911 - e UK tribunal system began with the National Insurance Act 1911 which provided for adjudication of disputes by administrative agencies.
- The Franks Committee 1957 - this commended that the tribunal procedure should be an example of ‘openness, fairness and impartiality.’ This was implemented in the Tribunals and Inquiries Act 1958. This lead to a greater degree of regulation establishing an important Council of Tribunals.
- The Council on Tribunals 1958 -was established to supervise and review tribunal procedure this body dealt with complaints and submitted recommendations for reform.
- Sir Andrew Leggatt 2000 - released an important report entitled ‘Tribunals for Users – One System, One Service.’ His report was very critical of the tribunal system
What did sir Leggatts report lead to ?
The Tribunals, Courts and Enforcement Act 2007. This act implemented many of Legatt’s reforms. The entire system has been radically streamlined as there are now only two tribunals.
What are the tiers in the tribunal system today ?
- First tier tribunal - which is heard by a tribunal judge or two specialist non legal members sit with the judge , consists of 7 chambers
- Second tier tribunal - members are appointed by the JAC and consists of four chambers
Name the chambers of the first upper tribunal
- Social Entitlement
- Health Education and Social Care,
- War and Pensions and Armed Forces,
- General Regulatory,
- Taxation,
- Land Property and Housing,
- Asylum and Immigration.
Name the chambers of the upper tribunal.
The Upper Tribunal also consists of four different chambers including: • Administrative Appeals Chamber, • The Tax and Chancery Chamber, • The Lands Chamber • The Asylum and Immigration Chamber
- The upper tribunal is responsible for hearing appeals and a It can hear cases at the ‘first instance’
Who heads the tribunals and what is there responsibility ?
The whole system is headed by the Senior President of Tribunals who is responsible for assigning judges to the chambers, looking after their general welfare and helping with any issues
What is the other form of tribunal ?
Employment tribunal
What is an employment tribunal ?
The Employment Tribunal operates separately from the First Tier tribunal
What is the ombudsmen ?
An ombudsman is a person who has been appointed to look into complaints about companies and organisations .Ombudsmen are independent, free of charge and impartial –
Name some Ombudsmen
- Ombudsman Energy Services: can help if you have an unresolved complaint about a gas or electricity company.
- Ombudsman Communication Services: might be able to help if you have an unresolved complaint about your internet or telephone provider.
- Ombudsman Consumer Services: might be able to help if you have a complaint about goods or services bought in the UK on or after 1st January 2015 (and online purchases within the EU)
- the Motor Ombudsman can help with complaints about businesses which have signed up to one of their codes of practice
What are the advantages of tribunals ?
- Cost It is cheaper to pursue a claim in a tribunal as parties are encouraged to represent themselves. This has been made easier since the reforms as the forms are available online and the system is more transparent.
- ) Formality Tribunals are a lot less formal than the courts although not as informal as ADR methods. The parties also benefit from a private hearing and have the chance to maintain relationships
- ) Independence Because of the involvement of the Judicial Appointments Commission in appointing Tribunal Judges, the system is fairer and more transparen
What are some disadvantages of tribunals >
- Lack of funding Legal funding is not available in many cases. This can be detrimental to a person who is taking on a big company that has the benefit of expensive representation.
- Lack of precedent Tribunals do not operate a strict system of precedent, so there is sometimes an element of unpredictability to the outcomes of cases.
- ) Intimidated parties There is still the problem of parties feeling intimidated and daunted at the prospect of taking a case to court, particularly without the comfort of having a legal representation.
