X Media Law: 13 Reporting tribunals and inquiries Flashcards
1
Q
how many tribunals are there?
[1]
A
- about 80 or so
2
Q
who presides over tribunal?
[1]
A
- panel (representing a number of viewpoints)
3
Q
similarities and differences between tribunals and courts
[4]
A
- tribunals more inexpensive and informal
- parties often make their own case (though lawyers can be used)
- a fair hearing must be given to both sides
- if parties aren’t satisfied, appeals can be made (High Court, Supreme Court, judicial review)
4
Q
name some top tribunals
[10]
A
- Asylum and Immigration Tribunal
- Criminal Injuries Compensation Appeals Panel
- First Tier Tribunal (tax shiz)
- Mental Health Review Tribunals
- Social Security and Child Support Appeals Tribunal
- Financial Services and Markets Tribunal
- Rent Assessment Committees
- Valuation Tribunals
- General Medical Council Professional Conduct Committee
- Bar Council Disciplinary Tribunal / Solicitors’ Disciplinary Tribunal
5
Q
defamation in public tribunals
[2]
A
- ‘absolute privilege’ covers tribunals ‘exercising the judicial power of the state’
- ‘qualified privilege’ covers the others
6
Q
why might defamation be an issue?
[1]
A
- with parties representing themselves, things can get defamatory
7
Q
a few things about Employment Tribunals
[6]
A
- presided over by legally-qualified chairman + 2 others
- preliminary bit, evidence, deliberation
- decision often postponed (if not, compensation is awarded there and then)
- court costs only paid by loser in exceptional circumstances
- Employment Appeal Tribunal (EAT) presided over by High Court judge
8
Q
when can reporting restrictions be used in Employment Tribunals?
[2]
A
- sexual misconduct cases
- under Disability Discrimination Act 1995, and sensitive medical info used
9
Q
what is the purpose of public inquiries
[2]
A
- held before decision made on action that could affect rights of individuals / public authorities
- allows others to oppose proposal before it’s put into action
10
Q
who conducts public inquiry?
[1]
A
- an inspector appointed by a minister
11
Q
who makes the decision in an inquiry?
[1]
A
- either the inspector or the minister
12
Q
which inquiries are held in public?
[3]
A
- statute demands many inquiries held in public
- other can be in private (at discretion of inspector)
- some are partially in private (e.g. planning inquiries if info is against national security)
13
Q
why have one-off public inquiries?
[1]
A
- investigate high-profile events of public concern
14
Q
reporting on one-off public inquiries
[4]
A
- should allow journalists in, or provide video link
- ministers can restrict reporting for national security, public interest, conducive to successful inquiry, etc.
- reports MUST be published (although info can be withheld within them)
- these restrictions do NOT cover FOI
