Civil Courts: Tribunals

Question 1

What are tribunals?

Answer 1

• Specialist courts that operate alongside the court system

Question 2

When were tribunals created? Why?

Answer 2

• After WWII as a part of the ‘welfare state’ to enforce people’s social rights

Question 3

What did the case of Peach Grey v Sommers (1995) confirm?

Answer 3

• That tribunals are inferior to the ordinary courts

Question 4

What’s the composition of a tribunal? (2)

Answer 4

• Most have a legally qualified chairperson and two lay members, who are usually subject experts
• No formal rules of evidence apply but rules of natural justice must be followed

Question 5

What are the three types of tribunal?

Answer 5

• Administrative
• Domestic
• Employment

Question 6

What do administrative tribunals deal with?

Answer 6

• Disputes between individuals and the government

Question 7

What are domestic tribunals?

Answer 7

• Internal tribunals used for disputes within private bodies, such as the Law Society and the General Medical Council

Question 8

What do employment tribunals deal with?

Answer 8

• Disputes between employers and employees over rights under employment legislation

Question 9

What recommendations were implemented in the Tribunals and Inquiries Act 1958?

Answer 9

• Recommendations from the Franks Committee that tribunal procedures should be an example of “openness, fairness and impartiality”

Question 10

What was set up in 1958? What does it do?

Answer 10

• Council on Tribunals, to supervise and review tribunal procedures
• The Council would deal with complaints and submit recommendations for improvement

Question 11

What did Sir Andrew Leggat’s report in 2000 do? What did the report say?

Answer 11

• Marked a radical reform of the tribunal system, since he reported that tribunals lacked independence, coherence, and were not user friendly

Question 12

What did the 2007 Tribunals, Courts and Enforcement Act do?

Answer 12

• Formalised and implemented most of Leggatt’s reforms

- Contributed to the most radical shake up of the tribunal system seen for many years

Question 13

What were Leggatt’s four criticisms?

Answer 13

• Tribunals not user friendly
• No uniformity of procedure
• Lack of accessibility to the public
• Lack of independence

Question 14

List the four implementations of recommendations in the 2007 Tribunals, Courts and Enforcement Act

Answer 14

• A single tribunal service to be responsible for the administration of all tribunals
• Tribunals should be organised into divisions grouping together similar tribunals
• The system should be user friendly
• Single route of appeal

Question 15

Why a single tribunal service? (2)

Answer 15

• Makes the tribunal service independent of its relevant government department
• The support that the service gives to tribunals is unified both in procedure and administration

Question 16

How was the system made more user friendly? (3)

Answer 16

• Users are encouraged to bring their own cases without legal representation
• Written judgements should now be given in plain English
• Information about procedures, venues etc should be made freely available

Question 17

What are the duties of the Administrative Justice and Tribunals Council? (3)

Answer 17

• Keeping the workings of tribunals under review
• Reporting on the constitution and working of tribunals
• Considering and reporting on any other matter relating to tribunals

Question 18

Who appoints tribunal judges?

Answer 18

• The Judicial Appointments Commission

Question 19

What are the advantages of tribunals? Explain each (5)

Answer 19

• Cost - Parties encouraged to take their own cases without legal representation
• Expertise - at least one Tribunal member will be an expert in the relevant field
• Speed - strict timetables mean that most cases can be heard within one day
• Informality - much less formal than court. Parties benefit from private hearing and have a chance to maintain a relationship
• Independence - the appointment of tribunal judges by the Judicial Appointments Commission makes the system more transparent and independent

Question 20

What are the disadvantages of tribunals? Explain each (4)

Answer 20

• Lack of funding - legal funding is not always available
• Delay - If the case is complex, there can be a delay in getting the case heard
• Intimidated parties - parties can feel intimidated, especially without legal representation
• Lack of precedent - no strict system of precedent, so there is sometimes an element of unpredictability to the outcome of cases