CIVIL COURTS: CIVIL PROCESS TRIBUNALS

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.

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.

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.

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.

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

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.

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

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

Tribunals – an Evaluation

Tribunals – an Evaluation