1. Law LA1: The Civil Process Tribunals Unit 1 - AS

2. Law LA1: The Civil Process Explain the history of tribunals Give examples of various tribunals Explain the growth of tribunals Explain the composition of tribunals Explain the status of tribunals Explain the reforms of tribunals Critically assess the advantages and disadvantages of tribunals Objectives

3. Law LA1: The Civil Process Began in 1799 Growth of tribunals after WWII – Why then? What are tribunals? Specialised courts – handling over 1 million cases a year. Less formal. Operate according to the principles of natural justice. What tribunals can you think of? Examples of tribunals – Employment tribunal, Social security, taxation, mental health, medical etc. History

4. Law LA1: The Civil Process Composition –legally qualified chair ( now has title of ‘judge’ since Tribunals, Courts & Enforcement Act 2007 Act) and 2 lay people with expertise in the tribunal subject area Status – Inferior to ordinary courts – Peach Grey & Co v Sommers (1995) Appeals – Historically no uniform appeals procedure or absolute right to appeal BUT Tribunals and Inquires Act 1992 provides for appeals to the High Court (QBD) (see later 2007 Act & appeals) Judicial Review – decisions of tribunals subject to judicial review Tribunals

5. Law LA1: The Civil Process Franks Report 1957 – ‘openness, fairness & impartiality’. Setting up of a Council on Tribunals Sir Andrew Legatt Review, Tribunals for Users: One system, One Service 2001 Legatt’s criticisms: 1.Tribunals not user-friendly 2.No uniformity of procedure 3.Lack of accessibility to the public 4.Lack of independence Reforms

6. Law LA1: The Civil Process Legatt’s proposals: 1.Modernise tribunals 2.Establishment of a single Tribunal service, (set up in 2006) –ensure simplicity for the user, a single point of contact, the service would allocate cases to the appropriate tribunal. Reforms

7. Law LA1: The Civil Process Legatt’s review- Tribunals, Courts and Enforcement Act 2007 passed: The Act creates a simplified framework Two new generic tribunals: 1.First-tier Tribunal & Upper Tribunal. 2.Upper tribunal is mainly an appellate tribunal from the First-Tier tribunals. Tribunals

8. Law LA1: The Civil Process 2007 Act – Lord Chancellor has the power to transfer existing tribunals to the 2 new tribunals. ‘Chambers’ to be established within the 2 tribunals, so that existing tribunals transferred to the 2 new ones can be grouped together. Each chamber – headed by Chamber President. Tribunals’ judiciary headed by the Senior President of Tribunals – judicial leader of the tribunals system. Tribunals

9. Law LA1: The Civil Process Not all tribunals will transfer to the new structure e.g. Employment Tribunals will remain separate Council on Tribunals replaced by the Administrative Justice & Tribunals Council – much broader remit Tribunal Procedure Committee set up – responsible for tribunals rules of procedure Tribunals

10. Law LA1: The Civil Process Tribunals, Courts and Enforcement Act 2007 now provides a unified appeal structure – decisions of the First-tier may be appealed to the Upper Tribunal, decisions of the Upper Tribunal may be appealed to a court – the appeal must be on a point of law Tribunals

11. Law LA1: The Civil Process 1.Cost – usually no fees, with each party paying their own costs 2.Speed – Many cases dealt with in one day 3.Informal – General rule – no wigs, strict rules of evidence don’t apply 4.Flexible –Tribunals do not operate rigid rules of precedent 5.Specialists –Tribunal members have a depth of knowledge in their subject area 6.Tribunals take pressure of the ordinary courts- remove them and the system would be overloaded 7.Privacy – individuals will not have their details aired in public Advantages

12. Law LA1: The Civil Process 1.Lack of openness –some tribunals are held in private – is this operating along the principles of natural justice? 2.No state funding 3.Inequality of bargaining power- an individual representing themselves against, for example, an employer who has his own lawyer 4.Reasons for decisions now always given Disadvantages

13. Law LA1: The Civil Process 1.When were tribunals established? 2.What are the names of the two main reviews of tribunals? 3.Who sits on a tribunal? 4.Explain the status of tribunals 5.What is the name of the recent Act that has made many changes to tribunals? 6.Explain the main changes 7.Explain the appeals procedure 8.What are the advantages and disadvantages of tribunals? Test Yourself

14. Law LA1: The Civil Process www.tribunals.gov.uk www.opsi.gov.uk/acts www.tribunals-review.org.uk Useful Websites