Tribunals Flashcards
Main tribunals act…
Tribunals courts and enforcement act 2007
Why was tribunals courts and enforcement act 2007 created?
In response to sir Andrew Leggatts ‘tribunals for users - one system for all’ report which highly criticised old system
Basically, describe new system
Two types of tribunal first tier and upper tier
First tier divided into 7 chambers, upper tier 3 main chambers
Employment tribunals slightly separate
Example of some first tier tribunals….
Tax
General regulatory chamber
Immigration and asylum
Who is president of general regulatory chamber…
Peter lane
Jurisdiction of General regulatory chamber…
Charity
Gambling
Environment
Purpose of upper tier tribunals…
Hears appears from first tier
Upper tier tribunal chambers…
Tax and chancery
Administrative appeals
Immigration and asylum
Set up of tribunals….
Tribunal judge and representative from each side. Judge provides binding decision. Judge is specialist in that field
Role of president of each chamber….
Oversee running of each chamber, assist where needs be
How are judges appointed…
Judicial appointment commission
Who heads whole system
Senior president of tribunals
Advantages of tribunals…
Cheaper than courts, parties represent themselves
Easy access to pursue one, forms online
Act radically streamlined it. More accessible to everyone
Always a relevant tribunal judge and relevant experts can be involved. Saves time explaining points to judge and parties have faith in decision
Much quicker. Judges take on case management so can impose stricter timetables. Cases heard in one day (most)
Less formal so avoids adversarial nature, encourages future working relationships
Faith in hoe judges are appointed. Seems fair
Disadvantages of system
Lack of funding can leave parties on uneven footing, detrimental if up against big company
If complex then natural delays
Lack of precedent - good and bad. Lack of predictability
Can be daunting having no legal representation and explaining it yourself