Flashcards in X Media Law: 13 Reporting tribunals and inquiries Deck (14):
how many tribunals are there?
- about 80 or so
who presides over tribunal?
- panel (representing a number of viewpoints)
similarities and differences between tribunals and courts
- 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)
name some top tribunals
- 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
defamation in public tribunals
- 'absolute privilege' covers tribunals 'exercising the judicial power of the state'
- 'qualified privilege' covers the others
why might defamation be an issue?
- with parties representing themselves, things can get defamatory
a few things about Employment Tribunals
- 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
when can reporting restrictions be used in Employment Tribunals?
- sexual misconduct cases
- under Disability Discrimination Act 1995, and sensitive medical info used
what is the purpose of public inquiries
- 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
who conducts public inquiry?
- an inspector appointed by a minister
who makes the decision in an inquiry?
- either the inspector or the minister
which inquiries are held in public?
- 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)
why have one-off public inquiries?
- investigate high-profile events of public concern