1. CIVIL COURTS: CIVIL PROCESS TRIBUNALS

2. Objectives Explain the history of tribunals.
Outline the types of tribunals.
Explain the composition of tribunals.
Describe the changes brought about to tribunals under the Tribunals, Courts and Enforcement Act 2007 as a result of the Leggatt Report.
Analyse and evaluate the advantages and disadvantages of tribunals.

3. Introduction
Tribunals are specialist courts that operate alongside the court system – they handle over 1 million cases per year.
Tribunals were created after WWII as part of the development of the ‘welfare state’ to enforce people’s social rights.
Tribunals are used instead of going to court, they cannot go to court as well unless they have exhausted the tribunal procedure.
Individuals are encouraged to bring their own case without legal representation.
The case of Peach Grey v Sommers (1995) confirmed that tribunals are inferior to the ordinary courts.

4. Composition of tribunals
Composition of an Employment Tribunal
Most tribunals have a legally qualified chairperson and two lay members, who are usually subject experts.
No formal rules of evidence apply but rules of natural justice must be followed.

5. Types of Tribunals
Administrative: this type of Tribunal deals with disputes between individuals and the State over rights contained in social welfare legislation, such as Social Security, Immigration and Land.
Domestic: these are internal Tribunals used for disputes within private bodies, such as the Law Society and the General Medical Council.
Employment: these are the biggest use of Tribunals, and deal with disputes between employees and employers over rights under employment legislation.

6. History of Tribunals Leggatt’s criticisms: Tribunals not user friendly
No uniformity of procedure
Lack of accessibility to the public
Lack of independence

7. Tribunals, Courts and Enforcement Act 2007
RECOMMENDATION
DETAILS
A Single Tribunal Service to be responsible for the administration of all tribunals
This makes the Tribunal Service independent of its relevant government department.
The support that the Service gives to Tribunals is unified both in procedure and administration.
Tribunals should be organised into divisions grouping together similar tribunals
The Divisions that were created are: Education, Financial, Health and Social Services, Immigration, Land and Valuation, Social Security and Pensions, Transport, Regulatory and Employment.
Each Division is headed by a Registrar who takes on case management duties in line with the Civil Procedure Rules.
The system should be user friendly
Users are encouraged to bring their own cases without legal representation.
Written judgments should be given in Plain English.
Information about procedures, venues etc. should be made freely available.
Single route of appeal
There is a single route of appeal; with each Division having a corresponding Appeal Tribunal, and only then will there be a redress to the Court of Appeal.

8. Structure of Tribunals
Asylum and Immigration Chamber
Social Entitlement Chamber
Health, Education and Social Care Chamber
War Pensions and Armed Forces Compensation Chamber
General Regulatory Chamber
Taxation Chamber
Land, Property and Housing Chamber
UPPER TRIBUNAL
Adminstrative Appeals
Chamber
Tax and Chancery Chamber
Lands Chamber
COURT OF APPEAL
FIRST-TIER TRIBUNAL

9. Tribunals, Courts and Enforcement Act 2007
The Administrative Justice and Tribunals Council replaced the Council on Tribunals which had operated since 1957 – its duties include:
Keeping the workings of tribunals under review
Reporting on the constitution and working of tribunals
Considering and reporting on any other matter relating to tribunals.
The whole system is headed by the Senior President of Tribunals who is responsible for assigning judges to chambers.
Tribunal judges are appointed by the Judicial Appointments Commission.
The Tribunal Service was merged with HM Court Service to become HM Courts and Tribunal Service in

10. Tribunals – an Evaluation

11. Tribunals – an Evaluation