Tribunals

Question 1

Leggatt’s review criticisms (4)

Answer 1

Tribunals not user friendly
Poor procedure
Poor accessibility
Lack of independence

Question 2

Aim of tribunals

Answer 2

Allow individuals to enforce social and welfare rights, work alongside court

Question 3

3 types of tribunals

Answer 3

Adminstrative
Domestic
Employment

Question 4

Administrative

Answer 4

Disputes between individuals and state

Question 5

Domestic

Answer 5

Internal tribunals used for disputes within private bodies

Question 6

Employment

Answer 6

Deal with disputes between employees and employers

Question 7

What did the SC rule in 2017?

Answer 7

Tribunal fee system was unlawful. Unfair and too expensive, limited access to justice

Question 8

Structure of tribunals

Answer 8

First tier, upper tier, court of appeal

Question 9

First tier function

Answer 9

Hears appeals from citizens against decisions made by government departments

Question 10

Upper tier function

Answer 10

Primarily reviews appeals arising from first tier

Question 11

First tier composition and appeals

Answer 11

7 chambers, parties often represent themselves-appeal to upper tier

Question 12

Upper tier composition

Answer 12

4 chambers-appeal can be made to CoA

Question 13

Composition of employment tribunals

Answer 13

Legally qualified tribunal judge, 2 lay members, one trade union representative, and one from employee’s organisation

Question 14

Which act unified framework for tribunal’s from Leggatt’s review?

Answer 14

Tribunals, Courts and Enforcement Act 2007

Question 15

Who oversees tribunals, and headed by who?

Answer 15

Administrative Justice and Tribunals Council, headed by Senior president of tribunals

Question 16

Role of AJTC

Answer 16

Ensure fair, accessible, quick and efficient

Question 17

Pros of tribunals (5)

Answer 17

Cost-no representation often
Expertise-one member will be expert in relevant field, save time explaining technicalities
Independence-transparent and fair
Informality-less formal, maintain relationship
Speed

Question 18

Cons of tribunals

Answer 18

Lack of funding-legal aid unavailable for some-big corp vs individual
Lack of precedent-unpredictable
Delays if complex
Intimidated parties-no representative=daunting
Appeal-some tribunals have no appeal