Summary
Summary Civil Justice System 3
- Module
- Law
- Institution
- Brunel University (BU)
Summary of 2 pages for the course Law at BU (Revision Notes)
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Civil Justice System 3 – The Civil Justice TribunalsTribunals
System of judgements of disputes which sits alongside the court system
o Feeds into same appeal system at Court of Appeal level
Mainly about ‘administrative’ decisions, made by state bodies (but some exceptions)
Each tribunal has a discrete jurisdiction for a type of decision – so some specialism
History of tribunals
Set up on ad hoc basis – sometimes an internal appeal/review of a decision
First tribunal: 1799 – General Commissioners of Income Tax
Many ‘commissioners’ – quasi-independent person with authority to hear appeals
Most tribunals incorporated into same structure now: First Tier Tribunal – appeals to Upper Tribunal
Historic commissioners/tribunals
Housing Benefit Review Boards:
o Inc elected councillors of local authority that made decisions about entitlement to housing benefit
o Tsfayo v UK
Eu Court of Human Rights = not independent + impartial tribunal so Article 6
Right to fair trial – breached
o Now part of First Tier Tribunal – Social Entitlement Chamber
Mental Health Act 1983:
o Authorises detention of some people with psychiatric problem
o Initially Mental Health Commissioners w oversight/regulatory role + Mental Health Review tribunals
o Now part of First Tier Tribunal – Health, Education + Social Care Chamber
The Leggatt Review – milestone in reform of tribunals
Leggatt Review (2001)
o Main areas of improvement: Accessibility, User-friendliness, Independence + Coherence
o Rationalisation+modernisation of Tribunal Services: The Tribunals, Courts and Enforcement Act 2007
Courts Tribunals
Most have general jurisdiction Specialist jurisdiction
First instance decisions – usually one judge (lawyer) First instance decisions – panel, judge (lawyer) plus
specialists/lay people
Adversarial – duty is on the parties to present the case Less adversarial – supposed to be more inquisitorial
Legal representation the norm (though increasing Supposed to be simpler procedure so no need for a
numbers of litigants in person) lawyer
Rules of evidence apply Less strict rules of evidence
‘Rights of audience’ rules apply (though court has Lay representatives permitted
discretion to allow ‘McKenzie Friends’ to help
Costs ‘follow the event’ – loser pays winner’s legal costs Generally, no ‘costs shifting’ (though some exceptions)
Other Tribunals
Remain separate – not yet embedded in main structure
Employment
o Employment tribunal (first instance)
o Employment Appeals Tribunal
o (also different – private law type dispute/not about administrative decisions)
Gangmasters Licensing Appeals
Investigatory powers Tribunal (RIPA 2000)
School Exclusion Panels (local authority)
Leggatt Report – Tribunals for Users: One System, One Service, 2001
Create a Unified structure
o First Tier Tribunal: currently 7 ‘chambers’
War Pensions and Armed Forces Compensation Chamber
Social Entitlement Chamber
Health, Education and Social Care Chamber
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