Lecture 11: Tribunals and Inquiries Flashcards
(23 cards)
What role do Tribunals play in the routes to redress?
Tribunals handle appeals on specific decisions, looking at both the fairness and legality of the case.
They are more knowledgeable and suitable than courts for these cases, but there must be a law that gives the right to appeal.
What is the typical grievance addressed through the appeals process?
Common grievances include being unhappy with decisions like the denial of licenses, permits, or benefits.
Appeals allow for a full review of the case, including both the fairness and the legality of the decision.
What must be explicitly created for a right of appeal to exist?
A right of appeal must be explicitly created by legislation, with a defined procedure.
If no right of appeal is established, the only option is judicial review, which focuses on legality rather than the merits of the decision.
Who typically has the right of appeal?
Appeals are usually for those directly affected, like applicants.
When the public is affected, like in planning cases, objectors usually have to rely on judicial review instead.
What are the characteristics of different appellate bodies?
Internal bodies within the same authority or higher bodies are quick and expert, but lack independence.
Courts may lack expertise, and the process can be slow and expensive
Specialist bodies are independent, expert, and have procedures tailored to the specific nature of the case.
How did the Tribunal System evolve?
Tribunals used to be disorganized, but reforms after the 2001 Leggatt Review and the Courts and Enforcement Act 2007 created a unified system.
The Franks Committee (1957) said tribunals must be open, fair, and impartial
What is the nature of tribunals and how are they structured?
Tribunals are groups that make decisions on cases, like whether someone should get a license or benefit.
They typically have a panel with a legally qualified chair and two members who have expertise in the topic.
What significant change occurred in the administration of tribunals since 2007?
Since 2007, most tribunals have been part of one system, run by HM Courts & Tribunals Service instead of separate government departments, which also oversees courts in England and Wales and key UK-wide tribunals like Employment Tribunals.
How are Employment Tribunals different from other tribunals?
Employment Tribunals deal with private disputes between employers and employees, not cases between the state and individuals.
Unlike other tribunals, they aren’t seen as part of public law.
What does the Constitutional Reform Act 2005 guarantee regarding tribunals?
The Constitutional Reform Act 2005 protects tribunal independence and says ministers must respect it
Who oversees the UK tribunal system, and what role does the Senior President of Tribunals play?
The Senior President of Tribunals is in charge of the tribunal system.
The first person in this role later joined the Supreme Court, and those who followed became Lord Justices of Appeal.
The role of President of Welsh Tribunals was added under the Wales Act 2017
How has the tribunal structure been reorganized since 2007?
Since 2007, Most tribunals are now in the First-tier Tribunal, split into expert chambers.
Appeals go to the Upper Tribunal, though some cases start there
How are tribunal members selected and what is their role?
Tribunal members are chosen for their expertise.
In the First-tier Tribunal, panels usually have a legally trained chair and members with relevant knowledge.
The Upper Tribunal includes more senior judges.
What are some of the Chambers of the First-Tier Tribuna?
Immigration and Asylum Chamber – Immigration and asylum cases
Tax Chamber – Tax disputes
What does the Upper Tribunal do and how is it structured?
The Upper Tribunal hears appeals from the First-tier Tribunal and some judicial reviews.
It is divided into four chambers:
Administrative Appeals,
Immigration and Asylum,
Tax and Chancery,
Lands.
Can decisions of the Upper Tribunal be judicially reviewed?
Yes, the Upper Tribunal can be judicially reviewed, but only in limited situations. Based on Eba v Advocate General 2011, review is allowed only if:
the case involves an important legal issue, or
there’s a strong reason for the court to get involved.
How do tribunal procedures differ from court procedures?
Tribunal procedures vary:
Some are formal like courts; others are informal.
Tribunals aim to be quicker, cheaper, more expert, and more convenient than courts and must give reasons for their decisions.
Are tribunals part of the judicial system and what are their limits?
Yes, tribunals are an important part of the judicial system.
Reforms have made them more structured and independent.
What are public inquiries and who initiates them?
Public inquiries are major investigations started by a minister under the Inquiries Act 2005, usually after serious events such the Grenfall Tower fire.
They can demand evidence and witnesses
What are the main functions of public inquiries?
According to Jason Beer KC, the functions of public inquiries are to:
Establish what happened,
Determine accountability, and
Recommend how to prevent recurrence.
How are public inquiries limited by their terms of reference?
Public inquiries must follow set ‘terms of reference’ that limit what they can investigate.
These can be controversial, like in the Saville Inquiry.
What challenges exist in conducting public inquiries?
Public inquiries have little legal guidance, so chairs often figure things out as they go.
They can be delayed, and their recommendations aren’t binding—it’s up to the government to act, with public criticism as the main pressure.
What are the limitations of judicial review as a remedy?
Judicial review is slow and costly.
Challenges the legality of a decision but does not assess correctness
Judges may not be experts, so it’s not ideal for smaller issues, but it helps set legal limits.
