tribunals (p.1 s.b) Flashcards
what are tribunals?
•governed by tribunals, courts and enforcement act 2007
•an alternative to court
•a panel of experts with specific areas of expertise who hear evidence from witnesses but decide the case themselves
what are the different types of tribunals?
domestic, employment, administrative
what are domestic tribunals?
domestic tribunals are bodies established within a specific organization or association to resolve disputes or internal matters
what are employment tribunals?
deal with disputes between employers and employees over rights under employment legislation
what are administrative tribunals?
•set up by the government to deal with issues such as social security, rent, immigration
•allows citizens to challenge powerful organisations
what is the difference between a courts and tribunals?
while courts are adversarial, tribunals are inquisitive.
•tribunals are interested in finding the facts rather than encouraging parties to challenge each other
tribunals advantages
cost- parties are encouraged to take their own cases without the need for representation, therefore making the process cheaper
expertise- at least one member of the tribunal will be an expert in the area of the relevant field, so this will save explaining complex technicalities to the judge
tribunals disadvantages
•intimidated parties- due to the comfort of not having a legal professional and it could be seen as daunting to take a case to “court” still
•lack of precedent- tribunals do not operate a strict system of precedent so there is sometimes and element of unpredictability to the outcome of cases - inconsistent, can go against the rule of law in