Tribunals

Question 1

What is a Tribunal?

Answer 1

Forums used instead of a court for deciding certain types of disputes

Question 2

Characteristics of Tribunals:

Answer 2

• Resides alongside, although not part of the court structure
• Less formal than courts
• Decisions are binding and can be enforced by courts
• Can deal with matters as diverse as: disability allowance rights, redundancy payments, discrimination cases, political asylum cases

Question 3

What is the structure of the Tribunals?

Answer 3

The ‘Tribunals, Courts and Enforcement Act 2007’ reformed the old tribunal system and created a 2-tier system

Question 4

What are the characteristics of the first-tier tribunal?

Answer 4

• Handles about 600,000 cases a year, nearly 200 judges and 3,600 lay members
• 7 different divisions known as ‘Chambers’, such as: the Taxation Chamber, the General Regulatory Chamber and the Asylum and Immigration Chamber

Question 5

What are the characteristics of the Upper Tribunal?

Answer 5

• Hears appeals from the First-Tier Tribunal
• 4 chambers: Administrative Appeals Chamber, Tax and Chancery Chamber, Lands Chamber and the Asylum and Immigration Chamber
• There is a further appeal route to the Court of Appeal and from there to the Supreme Court

Question 6

What is the procedure of a Tribunal

Answer 6

• One judge presides over case, sometimes assisted by some non-lawyers who are experts in their fields
• Formality depends on the tribunal, but both sides are given the opportunity to have their say
• Applicant will usually represent themselves as funding is only available in some tribunals

Question 7

What are the advantages of Tribunals?

Answer 7

• Cheaper as applicants are encouraged to represent themselves and an order of costs is rare as a decision
• Most tribunals are short and can be dealt within a day
• Hearings are more informal and most cases are heard in private
• In some tribunals, non-lawyers are present to provide expertise and increased understanding of the case to the judge

Question 8

What are the disadvantages of Tribunals?

Answer 8

• There is a lack of funding, as legal aid is not available for most tribunals
• A tribunal hearing is more formal than using ADR, meaning the unfamiliarity of individuals in the procedure can lead to confusion
• High volume of cases dealt with by tribunals and experts only available to sit part-time lead to delays