Tribunals and Inquiries

Question 1

What is a tribunal?

Answer 1

Statutory created body hearing appeals against government decision makers.

Question 2

What are the main differences in relation to judicial review?

Answer 2

• Tribunals consider the merits of a decision (JR point of law/procedure)
• Statutory bodies (JR inherent)
• Tribunals can make own decisions (JR set aside only)

Question 3

What benefits do tribunals bring?

Answer 3

• speed
• avoids invoking supervisory jurisdiction of the court
• case management
• proportionate dispute resolution
• effective

Question 4

What did the TCEA 2007 create?

Answer 4

Two generic tribunals:

• First Tier-Tribunal
• Upper Tribunal (FI or appeals of FTT on points of law)

Question 5

What consitutes an error of law for the purposes of an UT appeal?

Answer 5

• perverse/irrational findings
• failure to give adequate reasons
• immaterial matters
• procedural impropriety
• failure to take account of conflicts of fact

Question 6

What is an inquiry? Statute.

Answer 6

Inquiries Act 2005

Legal provision in place for investigating major scandal or natural disaster.

Question 7

Examples of successful judicial review of inquiries.

Answer 7

R (Amin) v Sec of State for Home Dep

• violation of right to life in state hands creates obligation on state to inquire
• application successful on basis of public interest

Keyu

• argued on common law grounds that ministers decision not to hold inquiry was unreasonable in mass shooting of British soldiers
• claim under art2 was unsuccessful
• Hale dissenting: decision was unreasonable and appeal should have been approved