X Media Law: 13 Reporting tribunals and inquiries Flashcards Preview

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Flashcards in X Media Law: 13 Reporting tribunals and inquiries Deck (14):
1

how many tribunals are there?
[1]

- about 80 or so

2

who presides over tribunal?
[1]

- panel (representing a number of viewpoints)

3

similarities and differences between tribunals and courts
[4]

- 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)

4

name some top tribunals
[10]

- 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

5

defamation in public tribunals
[2]

- 'absolute privilege' covers tribunals 'exercising the judicial power of the state'
- 'qualified privilege' covers the others

6

why might defamation be an issue?
[1]

- with parties representing themselves, things can get defamatory

7

a few things about Employment Tribunals
[6]

- 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

8

when can reporting restrictions be used in Employment Tribunals?
[2]

- sexual misconduct cases
- under Disability Discrimination Act 1995, and sensitive medical info used

9

what is the purpose of public inquiries
[2]

- 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

10

who conducts public inquiry?
[1]

- an inspector appointed by a minister

11

who makes the decision in an inquiry?
[1]

- either the inspector or the minister

12

which inquiries are held in public?
[3]

- 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)

13

why have one-off public inquiries?
[1]

- investigate high-profile events of public concern

14

reporting on one-off public inquiries
[4]

- should allow journalists in, or provide video link
- ministers can restrict reporting for national security, public interest, conducive to successful inquiry, etc.
- reports MUST be published (although info can be withheld within them)
- these restrictions do NOT cover FOI