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CIVIL COURTS: CIVIL PROCESS TRIBUNALS

CIVIL COURTS: CIVIL PROCESS TRIBUNALS. Objectives. Explain the history of tribunals. Outline the types of tribunals. Explain the composition of tribunals.

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CIVIL COURTS: CIVIL PROCESS TRIBUNALS

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  1. CIVIL COURTS: CIVIL PROCESSTRIBUNALS

  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 • 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. Composition of an Employment Tribunal

  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

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

  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 2010 - https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service

  10. Tribunals – an Evaluation

  11. Tribunals – an Evaluation

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