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Z - AS Law - Civil Process > Tribunals > Flashcards

Tribunals Flashcards

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1
Q

What do tribunals act as?

A

Specialist courts for disputes in certain areas

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2
Q

Why are tribunals important?

A

Because they act as ‘specialist courts’ for disputes in specialised areas

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3
Q

What types of disputes are often resolved by tribunal?

A

Employment
Immigration
Social security

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4
Q

Why did tribunals evolve?

A

As a way of dealing with the increase of legislation created by the welfare state

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5
Q

What are the types of tribunals?

A

Administrative
Domestic
Employment

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6
Q

Describe administrative tribunals…

A

These tribunals hear disputes between individuals and the state

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7
Q

What types of disputes are heard at administrative tribunals?

A

Social security
Mental health
Immigration

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8
Q

Describe domestic tribunals…

A

These are interval tribunals used for disputes within private bodies such as the law society and the general medical council

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9
Q

Describe employment tribunals…

A

These deal with disputes between the employee and employer

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10
Q

What is the typical composition of a tribunal?

A

It usually consists of a neutral chairperson and a representative from each side

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11
Q

What is the difference between tribunals and arbitration?

A

If the case fails in the tribunal system there is no redress go the courts. If arbitration fails parties still have the option of seeking redress within the court system

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12
Q

What happened in 1957?

A

The Franks Committee

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13
Q

In what year was the Franks Committee?

A

1957

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14
Q

What did the Franks Committee do?

A

Recommend that the tribunal procedure should be an example of ‘openness, fairness and impartiality’

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15
Q

What said that tribunals should be an example of ‘openness, fairness and impartiality’?

A

The Franks Committee 1957

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16
Q

What happened in response to the Franks Committee’s recommendation?

A

Their recommendation was implemented into the tribunals and inquiries act 1958

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17
Q

What act was made in 1958?

A

The tribunals and inquiries act

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18
Q

In what year was the inquiries and tribunals act created?

A

1958

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19
Q

What happened in 1958?

A

The council on tribunals was established and the tribunals and inquiries act was created

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20
Q

Why was the council on tribunals created?

A

To supervise and review tribunal procedures

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21
Q

What was the council on tribunals job?

A

To deal with complaints and submit recommendations for reform

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22
Q

Why was the council on tribunals criticised?

A

Because it had little power to make any changes

23
Q

What was the council on tribunals described as?

A

‘A watchdog without teeth’

24
Q

Why was the council on tribunals described as ‘the watchdog without teeth’?

A

Because it had little power to make changes

25
Q

What happened in 2000?

A

Sir Andrew Leggatt released his report ‘Tribunals for users - one system, one service’

26
Q

Who wrote the ‘Tribunals for users - one system, one service’ report?

A

Sir Andrew Leggatt

27
Q

When was the ‘Tribunals for users - one system, one service’ written?

A

2000

28
Q

What was said in Sir Andrew Leggatt’s ‘Tribunals for users - one system, one service’ report?

A

It was very critical of the tribunal system staying it lacked independence, coherence and was not user friendly.
It recommended:
A single tribunal service to be responsible for the administration of all tribunals
Tribunals should be organised into divisions grouping together similar tribunals
The system should be user friendly
There should be a single route of appeal

29
Q

What recommendations were in Sir Andrew Leggatts report?

A

A single tribunal service to be responsible for the administration of all tribunals
Tribunals should be organised into divisions grouping together similar tribunals
The system should be user friendly
There should be a single route of appeal

30
Q

What did Sir Andrew Leggatt’s report lead to?

A

The tribunals, courts and enforcement act 2007

31
Q

What act was created in 2007?

A

The tribunals, courts and enforcement act

32
Q

When was the tribunals, courts and enforcement act created?

A

2007

33
Q

How did the tribunals, courts and enforcement act 2007 change the tribunal system?

A

It radically streamlined it. It implemented many of Sir Andrew Leggatt’s reforms. There are now only two tribunals; first tier tribunals and upper tribunals

34
Q

What appoints the judges in the new tribunal system?

A

The judicial appointments commission

35
Q

What does the judicial appointments commission do?

A

Appoint the judges to tribunals

36
Q

What heads the tribunal system?

A

The senior president of tribunals

37
Q

What does the senior president of tribunals do?

A

Head the whole tribunal system. He/she assigns judges to a chamber and helps with any issues that may arise

38
Q

What power does the senior president of tribunals have?

A

To issue practice directions in order to help tribunal judges maintain a unified procedure across all chambers

39
Q

What has replaced the council on tribunals?

A

The administrative justice and tribunals council

40
Q

What does the administrative justice and tribunals council do?

A

Advice the government on future reforms for the tribunal system. It also reviews the system and keeps it under control

41
Q

How is the administrative justice and tribunals council better than the previous council on tribunals?

A

It has more power in terms of reviewing the system and keeping it under control

42
Q

Briefly, what m are the advantages of tribunals?

A 
Cost
Expertise
Speed 
Formality 
Fair
43
Q

Why are tribunals more cost effective?

A

Because parties are encouraged to represent themselves.

44
Q

What has made it easier and quicker for parties to represent themselves?

A

The forms are now available online and the system is much more transparent

45
Q

Why are tribunals quicker than court cases?

A

Because there is a duty on tribunal judges to take on case management so they are able to impose strict timetable to ensure cases are heard in one day.
Also there’s always at least one judge who’s an expert in the relevant field which saves time explaining complex technicalities to a judge in court

46
Q

Explain the ‘expertise’ advantage point…

A

Atleast one tribunal judge will be an expert in the relevant field so the most appropriate decision can be reached. This also saves time explaining complex technicalities to a judge in court

47
Q

Explain the ‘formality’ advantage of tribunals…

A

They are lot less formal that court hearings (although not as informal as ADR) meaning parties have a greater chance of maintaining a working relationship

48
Q

Explain the ‘fair’ advantage point of tribunals…

A

Because of the involvement of the judicial appointments commission in appointing tribunal judges the system is fairer and more transparent

49
Q

Briefly, what are the disadvantages of tribunals?

A

Lack of funding
Delay
Lack of precedent
Intimidated parties

50
Q

Explain the ‘lack of funding’ disadvantage point…

A

Legal funding is not available in many cases. This can be detrimental to a big company that has the benefit of expensive representation

51
Q

Explain the ‘delay’ disadvantage point..,

A

If the case is of a complex nature then there can be delays in getting the case heard. However this is a problem with all cases

52
Q

Explain the lack of precedent disadvantage point…

A

Tribunals do not operate a strict system of precedent so sometimes there is an element of unpredictability to the outcome of cases

53
Q

Explain the ‘intimidated parties’ disadvantage point…

A

Although less daunting that court cases parties can still feel intimidated, particularly if facing a big company and/or if they don’t have legal representation

Z - AS Law - Civil Process (4 decks)

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