civil courts - tribunals

What are tribunals & why were they created

Created after WW2 as a part of the development of the welfare state to enforce social rights & solve disputes in specialised areas

Used instead of court & parties are encouraged to bring their case without legal representation

Includes a legally qualified chairperson & 2 lay people (subject experts)

What are the 3 types of tribunals

Administrative - disputes between individuals & the state Employment

Domestic - disputes within pubic bodies

Employment - disputes between employees & employers

History of tribunals

1957 Franks committee & tribunals inquiries act

1958 council of tribunals - supervise & review procedure, deals with complaints

2000 sir Andrew Leggatt - reformed to be more user friendly

2007 tribunals, courts, & enforcement act

What did the tribunals, courts, & enforcement act 2007 do

Implemented Leggatt’s reforms - now only 2 tribunals - first tier, upper

Upper has the power to conduct a judicial review of a case heard in the first tier - minimising the need for the courts to get involved

All members appointed by the judicial appointments commission & recognised s judges - increases status of tribunals

Administrative justice & tribunals council

What is the administrative justice & tribunals council

Replaced the council on tribunals

Keeps the workings of tribunals under review

Reports on the constitutions & working of tribunals

Considering & reporting on any matter relating to tribunals

Advantages of tribunals

Accessible

Cheaper - self represented & free info online

Quicker

Less formal

Privacy means relationships can be maintained

More transparent & independent

Disadvantages of tribunals

Lack of funding

More complex matters may be delayed

Lack of precedent → inconsistency

Lack of legal representation - uncomfortable representing themselves without legal knowledge