Tribunals

Question 1

What is a tribunal?

Answer 1

BRITISH
a body established to settle certain types of dispute

Question 2

When did the use of tribunals increase?

Answer 2

after World War II due to an increase in social rights.

Question 3

What report highlighted concerns with tribunals

Answer 3

The Franks Report of 1957
it was issued by a British committee of inquiry chaired by Sir Oliver Franks

Question 4

What concerns were highlighted by the Franks Reports in 1957?

Answer 4

growing concerns of:

range and diversity of tribunals,
uncertainty about the procedures they followed
worry over lack of cohesion and supervision

Question 5

What is the name of the review that suggested ways of addressing the problems with tribunals

Answer 5

Leggatt review

Question 6

What did the Leggatt review (May 2000) recommend? (4 things)

Answer 6

Recommendations:
1. A single tribunal service- to have efficiency and independence
2. Grouping of tribunals – similar tribunals to be grouped together
3. User friendly system – avoiding legal representation
4. A single route of appeal – cut down on bureaucracy

Question 7

How and when were the proposals in the Leggatt review implemented?

Answer 7

July 2004, Government issued a white paper implementing the Leggatt proposals.

Question 8

What did The Tribunals, Courts and Enforcement Act 2007 introduce?

Answer 8

The first tier tribunal and the upper tribunal.
Within each of these tiers there are chambers or groups of similar jurisdiction - looking at similar issues

Question 9

What act introduced upper and lower tribunals?

Answer 9

The Tribunals, Courts and Enforcement Act 2007

Question 10

How does the tier system work?

Answer 10

• First tier tribunals are usually where cases are heard at first instance
• Upper Tribunal - but not exclusively - appellate tribunal, (used for appeals) reducing the need for courts.

In the rare circumstances a further appeal is needed, it would go from the Upper Tribunal to the Court of Appeal.

Question 11

The running of Tribunals - Who appoints the members of a tribunal?

Answer 11

All members of the tribunals are appointed by the Judicial Appointments Commission, and a recognised as judges which elevates the status tribunals

Question 12

Who is the tribunal system headed by?

Answer 12

• The tribunal system is headed by the Senior President of Tribunals who is responsible for assigning judgements and helping with any issues that may arise - Aids consistency

Question 13

Which body oversee the work of the tribunal service?

Answer 13

• Tribunals are overseen by His Majesty’s Court and Tribunal Service

Question 14

Can you name the council set up to review the service and advise on future reform?

Answer 14

• Administrative justice and Tribunals Council was created to review tribunal system and advise on future reforms to make sure uniform standard of practice across the board

Question 15

Tribunals hear more cases than any other part of the legal system TRUE or FALSE?

Answer 15

TRUE Tribunal - hear more cases than any other part of the legal system.

They are an alternative to courts
They decide a wide range of cases

Question 16

Give 3 examples of tribunals.

Answer 16

1) Employment Tribunal
Between employers and employees
2) Appeals against gov departments eg social security
3) Immigration and asylum
4) Tax

Question 17

Describe who would be present to judge an employment tribunal and their powers

Answer 17

Either composed of a judge sitting alone or sometimes a judge and two lay (non-legal members) who are experts in the area needed.

Their powers (depending on the jurisdiction in question) include awarding compensation, ordering re-employment and making recommendations in discrimination cases.

Question 18

What are the advantages of a tribunal service?

Answer 18

Advantages:
* Speed - Cases take very little time usually done within a day. Date of a hearing.

• Cost - A lot cheaper and legal rep is discouraged. No charge fees usually.
  Own party pays for costs rather than losing party paying for both sides.
• Informal - Much less formal and less stressful but still real judges.
• Flexible - tribunals have no strict rule of precedent.
• Specialization - specialists in the area of case (e.g technology)
• Congestion - 1 million cases a year. Would take ages in court
• Policy - likely to understand policy in that area.
• Fairness - government is not involved.

Question 19

What are the dis-advantages of a tribunal service?

Answer 19

Disadvantages:
* Delays - There can be some delays for more complex cases.

• No state funding - Complex issues involve legal rep which is very expensive.
• Intimidating While still less formal it can still be intimidating by the fact defendants have to go to court with no legal rep
• Lack of precedent - can lead to absurd decisions and there is no precedent.
• Suspicion - Decisions made in privacy
• Limited chance to appeal - can be challenged in the kings’s Bench Divisional Court where there has been misconduct.