TRIBUNALS

Question 1

DEFINITION

Answer 1

• Act as specialised courts in specific areas, such as welfare, dealing with disputes
• Alternative to court, no chance for redress to the courts

Question 2

REPORTS THAT LED TO ITS CREATION?

Answer 2

Franks Committee report - recommended openness, fairness and impartiality
Leggatt report - led to the act being passed.

Question 3

MAIN ACT?

Answer 3

Tribunals, Courts and Enforcements Act 2007 - introduced first tier, upper tier, appeals to the Court of Appeal and tribunal judges

Question 4

WHO OVERSEES TRIBUNALS?

Answer 4

HMCTS - His Majesty’s Court and Tribunal Service

Question 5

TYPES OF TRIBUNAL

Answer 5

Administrative = Deal with disputes between individuals and the state in social welfare legislation
Domestic = Used within private bodies, such as the Law Society
Employment = Most common type of tribunal, employer/employee

Question 6

TIERS OF CHAMBER

Answer 6

First-tier tribunal, e.g. the Taxation Chamber, Asylum and Immigration Chamber.

Upper Tribunal, e.g. Tax and Chancery Chamber, ALSO the Asylum and Immigration chamber, often an appeal tribunal

Employment tribunals kept separate

Question 7

COMPOSITION

Answer 7

Tribunals often sit with a tribunal judge in the first tier. For some cases, specialist non-legal members sit in with the judge to make the decision.

Employment tribunals also have 2 lay members to represent the employer and employee