Tribunals

Question 1

Define tribunals?

Answer 1

Forums used instead of a court for deciding certain types of disputes. They are less formal than courts

Question 2

The role of tribunals is to enforce rights granted through social and welfare legislation, give an example of these rights?

Answer 2

Right to:

• mobility allowance for those too disabled to walk more than a very short distance
• a payment if one is made redundant from work
• not be discriminated against because of ones sex, race, age or disability
• immigrants to age a claim for political asylum heard

Question 3

Describe the first-tier tribunal?

Answer 3

Deals with 600,000 cases annually
Has 200 judges
Has 3,600 lay members
Operates in 7 chambers(divisions)- social entitlement, health education and social care, war pensions and armed forces compensation, general regulatory, taxation, land property and housing, asylum and immigration

Question 4

There is one tribunal which still operates separately from the first tier tribunal what is it and what does it hear?

Answer 4

Employment tribunal

Claims regarding dismissal, redundancy and discrimination

Question 5

Describe the upper tribunal?

Answer 5

Divided into 4 chambers- administrative appeals (hears appeals from social entitlement, health education and social care, war pensions and armed forces compensation chambers), tax and chancery, lands, asylum and immigration
Hears appeals from the first tier

Question 6

What is the appeal route in tribunal cases?

Answer 6

First tier
Upper tier
COA
Supreme Court

Question 7

Describe the composition of first tier tribunals?

Answer 7

Heard by a tribunal judge

Some cases may have 2 non lawyers, who are experts in the field of the tribunal, sit with the judge to make the decision

Question 8

What is the procedure of tribunals?

Answer 8

Both sides have an opportunity to put their case
May be formal with witnesses giving evidence on oath and being cross examined
May be less formal
Funds for representation is only available in a few tribunals so most applicants won’t have a lawyer/ have to present their own case
* employment tribunal may have representation provided by trade unions
Where the applicant puts their own case the judge most trinity make sure the applicant puts the case fully
The decision is binding

Question 9

What are 4 advantages of tribunals?

Answer 9

1) cheap, represent yourself, no need to pay for a lawyer, rare for an order for costs to be made by a tribunal so no fear of large bill if lose case
2) quick hearings, very short, can be dealt with in a day
3) more informal than court, most heard in private, encouraged to present own case
4) expertise, good knowledge and infers of the issue in dispute

Question 10

What are 3 disadvantages of tribunals?

Answer 10

1) lack of funding, legal aid isn’t available for most tribunals, disadvantage of other side uses a lawyer, legal aid is available where fundamental human rights are involved
2) more formal than ADR, place is unfamiliar, procedure can be confusing if present case yourself (in this case judge is expected to take an inquisitorial role to establish the points the applicant wishes to make BUT this isn’t always achieved)
3) delay, number of cases dealt with by tribunals is huge, use of non lawyers can add to this as they sit part time eg. one day a fortnight , if case is complex proceedings may spread over weeks or months