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):

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


reporting on one-off public inquiries

- 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