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Tribunals (work alongside the court but are regarded as inferior, each…
Tribunals
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DOMESTIC- deal with issues regarding dispute and discipline within particular professions e.g BMA, the law society and various trade unions
decisions of these tribunals are based on the rules of the organised concerned, though some are set in statutory form e.g Solicitors Act 1974
ADMINISTRATIVE- set up by statute and largely evolved after WWII and introduction to the Welfare State
over 70 different types dealing with over 1 million cases each year which would cause the court system to collapse
e.g Mental Health Review Tribunal, Lands Tribunal or the Employment Tribunal (13,000 cases each year)
designed to provide instant justice cheaply, efficiently and with minimum delay and formality
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Decision can be appealed to the ordinary courts e.g appeal from Employment Tribunal goes to Employment Appeals Tribunal then to the Court of Appeal
recently been subject to major reforms with the Tribunals, Court and Enforcement Act 2007 which followed a review of the tribunal system by Sir Andrew Legatt in 2001
new framework of first tier and upper tribunal. The first tier will include a number of chambers which will each be headed by a chamber president appointed by the judicial appointments committee. There are currently 7 chambers including social entitlement chamber and the health, education and specialist care chamber
employment tribunals play a powerful role in today's society. An example is the Sex Discrimination Act 1975 makes it an offence to discriminate against an employee on the grounds of their sex. Anyone that believes this has been breached can apply to the tribunal
In 2001, ET dealt with over 130,000 applications
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employers believe it has become more adversarial and proceedings over the years have become more legalistic which no longer makes them quick and informal
historically, there was no uniform appeals from tribunals
The Tribunals and Inquires Act 1992 provided for appeals to the high court in the QBD. However they are expensive, complex and time-consuming
right to appeal is always subject to judicial review on the grounds that they have not been made in accordance with the rules of natural justice
Tribunals, Courts and Enforcements Act 2007 now provide a unified appeal structure for the tribunal service with the exception of some tribunals such as the Employment Tribunal
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If an Appeal is on a Point of Law, the party must have leave from the original tribunal