Tribunals Flashcards
What are tribunals?
Tribunals are specialist courts that operate alongside the court
system – they handle over 1 million cases per year.
Types of tribunals
-Administrative
-Domestic
-Employment
Administrative
this type of Tribunal deals with disputes between
individuals and the State over rights contained in social welfare
legislation, such as Social Security, Immigration and Land.
Domestic
these are internal Tribunals used for disputes within
private bodies, such as the Law Society and the General Medical
Council.
Employment
these are the biggest use of Tribunals, and deal with
disputes between employees and employers over rights under
employment legislation
Tribunals, Courts and Enforcement Act 2007
The Administrative Justice and Tribunals Council replaced the
Council on Tribunals which had operated since 1957 – its
duties include:
- Keeping the workings of tribunals under review
- Reporting on the constitution and working of tribunals
- Considering and reporting on any other matter relating to
tribunals.
The whole system is headed by the Senior President of
Tribunals who is responsible for assigning judges to chambers.
Tribunal judges are appointed by the Judicial Appointments
Commission.
The Tribunal Service was merged with HM Court Service to
become HM Courts and Tribunal Service in 2010 -
Advantages of tribunals
-cost- parties are encouraged to represent themself.
-speed- tribunal judges deal with case management therefore are on a strict timetable for cases
-informality- there is a private hearing and a chance to maintain a relationship after the case is over
Tribunal’s disadvantages
-delays- if a case is complex other cases may be delayed
-lack of precedent- sometimes unpredictability when it comes to cases as judges do not follow a strict precedent.
- intimidated parties- parties may be intimidated by the idea of going to court.
