Tribunals

chloe.crismani
Flashcards by chloe.crismani, updated more than 1 year ago
chloe.crismani
Created by chloe.crismani almost 7 years ago
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University Public Law Flashcards on Tribunals, created by chloe.crismani on 05/18/2014.

Resource summary

Question Answer
In favour of tribunals -Need for procedure that avoids the formality of courts. -Speedy -Inexpensive -Provides expert knowledge
Franks Committee Conducted a review of tribunals and reported in 1957 that the system of tribunals needed to be reformed.
Tribunals and Inquiries Act 1958 Implemented the Franks Committee's suggestions by: -Creating a Tribunals Council -Protection against arbitrary removal. -Appeals on points of law to go to the High Court. -Appointments and dismissals made by the Lord Chancellor. -Members are protected from interference.
Leggatt Review (2001) -Found that there were 70 tribunals in UK, btwn them disposing of 1 mil cases p.a. -Of 70 tribunals only 20 heard more than 500 cases. -Many tribunals found to be defunct. -Lack of system in tribunals.
Leggatt Review Proposals - A 'single,overarching structure' that would give the individual improved access to all tribunals. -Proposed divisions of tribunals, according to subject matter. e.g education.
Tribunals, Courts and Enforcement Act 2007 Carried out the complex reforms in Leggatt. It created: -1st tier tribunal for 1st instance cases. -Upper tribunal to hear appeals from 1st tier. -Created the Office of Senior President of Tribunals. -Guarantee of judicial independence given by the Constitutional Reform Act 2005.
First-Tier Tribunal -Organised system of chambers. -Each headed by judge / president. -Comprised of 6 divisions. -Members of 1st division can sit in more than one chamber.
Upper Tribunal - 4 Chambers -President for each chamber (except lands) is a High Court judge. - Each chamber hears appeals from one or more chambers of the first tier tribunal.
Council of Tribunals Under Leggatt Review and Tribunals, Courts and Enforcement Act 2007 the Council of Tribunals was renamed as the Administrative Justice and Tribunals Council.
Administrative Justice and Tribunals Council -Consists of btwn 10 and 15 members. -Appointed by Lord Chancellor. -Council reports to Lord Chancellor/Welsh/ Scottish ministers.
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