Tribunals in the English Legal System – Comprehensive Study Notes

Meaning, Nature & Purpose of Tribunals

Definition (Curzon, 2001): “bodies outside the hierarchy of the courts with administrative or judicial functions.”
Role in the English Legal System
- Operate alongside ordinary courts; classed as non-departmental public bodies (NDPBs).
- Handle $>1,000,000$ cases per year, relieving over-burdened courts.
- Grew after WWII to enforce citizens’ new welfare-state social rights (e.g. benefits, housing, employment).
Exhaustion Principle: Parties must use the full tribunal process before turning to the courts.
User-Friendly Aim: Individuals are encouraged to represent themselves (low cost, informal).
Judicial Status: Inferior to ordinary courts – confirmed in Peach Grey & Co v Sommers (1995).

Place in the Judicial Hierarchy

Traditional court ladder: Supreme Court → Court of Appeal → High Court (Queen’s Bench, Family, Chancery) → County / Crown / Magistrates.
Tribunals sit below County Courts but above no formal body of ADR.
Since 2008, a two-tier internal hierarchy was created:
- First-Tier Tribunal (FTT) – 7 specialist chambers.
- Upper Tribunal (UT) – appellate & court of superior record; can set precedent & exercise judicial review.
Employment Appeals Tribunal (EAT) sits outside FTT/UT structure but feeds into Court of Appeal.

Types of Tribunals

Administrative Tribunals
- Decide disputes between individuals & the State under social-welfare statutes.
- Examples: Social Security, Immigration & Asylum, Lands, Mental Health, Transport, Pension Appeals.
Domestic Tribunals
- Internal disciplinary panels of private/professional bodies (GMC, GDC, Bar Council).
- Historically free from judicial interference; Lee v Showmen’s Guild (1952) established court oversight to ensure contractual jurisdiction & natural justice.
Employment Tribunals
- Largest caseload; resolve employer–employee conflicts under employment legislation.

Composition of Tribunals

Standard Bench: 1 legally-qualified Chair/Judge + 2 lay experts (often one from each “side” of industry).
Expertise Advantage: Lay members supply technical knowledge (e.g. employer + trade-unionist in Employment Tribunal).
Evidence Rules: Formal rules of evidence relaxed but natural justice (no bias, fair hearing) is mandatory.

Becoming a Tribunal Judge

Appointed via Judicial Appointments Commission (JAC).
Eligibility opened up by Tribunals, Courts & Enforcement Act (TCEA) 2007 to include CILEx, ITMA, CIPA members.
Citizenship: UK, Irish, or Commonwealth.
Normal path: fee-paid (≥15 days/yr) ➔ salaried (after $\ge 2$ years or $\ge 30$ sitting days).
Retirement age $=70$ .
Experience requirement for solicitors/barristers: $5–7$ years.

Procedure in an Administrative Tribunal (Generic)

Opening speeches ➔ Witness evidence (party with burden first)
Examination-in-chief → Cross-examination → Tribunal questions → Re-examination
Repeat for additional & opponent witnesses
Closing submissions
Decision (immediate or reserved).

Appeals & Judicial Control

Statutory Appeals:
- E.g. Employment Tribunal → Employment Appeal Tribunal (EAT) → Court of Appeal.
- Many other FTT decisions → UT → Court of Appeal.
Judicial Review (JR):
- High Court (Queen’s Bench – Administrative Court) supervises tribunals on ultra vires and natural justice grounds.
No uniform appeal right: Some tribunals give none unless statute creates one.

Key Institutional Bodies

Administrative Justice & Tribunals Council (AJTC)

Created by TCEA 2007, replacing Council on Tribunals (1957).
Core duties:
- Monitor entire administrative-justice landscape.
- Advise on reform; observe hearings; host annual conference.
Abolished 2013 under Public Bodies Act 2011 (cost-cutting).

Tribunal Service / HMCTS

National admin body (>$70$ tribunals).
2010: merged with HM Court Service ⇒ HM Courts & Tribunals Service (HMCTS).
Excludes tribunals devolved to Welsh & Scottish governments.

Advantages of Tribunal System

Cost: Usually free; parties bear own costs; self-representation typical.
Speed: Duty of proactive case management; many hearings last $1$ day.
Informality: No wigs; relaxed evidence; some private sittings.
Expertise: At least one technical member; deep sectoral knowledge.
Flexibility: No strict stare decisis ⇒ responsive to policy change.
Privacy: Option for closed hearings protects sensitive matters.
Court Relief: Without tribunals, courts would be overwhelmed (1 million extra cases/yr).

Disadvantages of Tribunal System

Funding Gap: Limited legal aid; individuals face well-funded opponents (govt depts, big employers).
Delays in Complex Cases: Specialist availability can cause backlog.
Intimidation: “Quasi-court” atmosphere can deter unrepresented users.
Lack of Precedent: Outcomes may appear unpredictable.
Opacity: Private hearings reduce transparency.
Appeal Patchwork: No universal right; High Court appeals costly.

Historical Development & Key Reforms

Franks Committee Report 1957

Triggered by criticism of secrecy & lack of appeals.
Principles: Openness, Fairness, Impartiality.
- Public hearings; reasoned decisions; disclosure of facts.
- Right to representation; clearer procedures.
Led to Tribunals & Inquiries Act 1958 (+1971, 1992) establishing Council on Tribunals.

Leggatt Review 2001 – “Tribunals for Users: One System, One Service”

Found $70$ tribunals, only $\approx 20$ with >500 cases/yr; users found system not user-friendly, inconsistent, inaccessible, lacking independence.
Key Recommendations:
- Single unified Tribunal Service independent of sponsor departments.
- Group tribunals into subject-matter Divisions/Chambers.
- Plain-English judgments; self-help materials; better training in interpersonal skills.
- Coherent appeal ladder; rethink role of lay members.

Tribunals, Courts & Enforcement Act 2007 (TCEA)

Implements Leggatt + 2004 White Paper “Transforming Public Services.”
Unification & Simplification
- Creates Senior President of Tribunals; fuses judiciary under common leadership.
- Establishes First-Tier & Upper Tribunals (started Nov 2008).
Diversification
- Broader eligibility for judicial office.
AJTC established (later abolished).

Modern Two-Tier Structure (Post-2008)

First-Tier Tribunal – 7 Chambers

War Pensions & Armed Forces Compensation
Social Entitlement
Health, Education & Social Care
General Regulatory
Tax
Immigration & Asylum
Land, Property & Housing

Upper Tribunal – 5 Chambers (2008-09)

Administrative Appeals; Tax & Chancery; Lands; Immigration & Asylum; (others develop).
Powers: set precedent, judicial review, enforce FTT decisions.

Case Law Illustrations & Principles

Lee v Showmen’s Guild (1952):
- Courts intervene in domestic tribunals to ensure contractual basis & natural justice (no bias + fair hearing).
Peach Grey & Co v Sommers (1995):
- Confirms tribunals’ inferiority in hierarchy; appeal route to courts required.

Employment Tribunal – Practical Perspective

Parties normally self-represent; ACAS early conciliation compulsory pre-claim.
Written claim (ET1) & response (ET3); case management orders; witness statements exchanged.
Hearing sequence mirrors generic administrative-tribunal model (see Procedure section).
Appeals on points of law to EAT; strict time limits (usually $42$ days).
Videos & flowcharts (links supplied in transcript) illustrate real-world flow.

Ethical & Practical Implications

Access to Justice vs. Cost-cutting: Abolition of AJTC (2013) raises concern over loss of independent watchdog.
Balance of Power: Tribunal informality may mask structural inequality when individuals oppose resource-rich institutions.
Consistency vs. Flexibility: Lack of precedent aids adaptation but risks arbitrary outcomes.
Public Confidence: Private hearings & multiple appeal routes must be balanced against transparency & finality.

Quick-Reference Figures & Formulae

Annual caseload: >1{\,}000{\,}000.
Number of tribunals pre-reform: $\approx 70$ .
Tribunals hearing >500 cases/yr pre-2001: $\approx 20$ .
Fee-paid sitting minimum for judges: $15$ days/yr (or $\ge 30$ days for salaried eligibility).
Statutory retirement age: $70$ .