Tribunals

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Tribunals

Advantages

  • Cheaper than courts (no formal buildings/judicial regalia etc). Encouraged to take own cases without need for representation and made easier with availability of application forms online and more transparent tribunal service since reforms.
  • Procedure less formal, many instances there's no need for parties to be legally represented- case can be presented by accountant, a doctor, a trade union official or social worker, Parties benefit from private hearing and have chance to maintain relationship after case is over.
  • Often has expert knowledge of particular issues, can be compared to judge who's required to be a jack-of-all-trades. Saves time explaining complex technicalities to judge in court.
  • Have wide discretionary powers, they're not bound by rigid doctrine of precedent
  • Quicker than courts- duty on tribunal judges to take on case management duties so they're able to impose strict timetable to ensure most cases heard within one day.
  • Independence- involvement of Judicial Appointments Commission in appointing Tribunal Judges, Tribunal system is more transparent, independent and fair. Further, unified set of procedures and rules minimises risk of inconsistencies between tribunals.

Disadvantages

  • Inarticulate person representing himself would be at a disadvantage.
  • Rights of appeal were often limited but now been addressed by 2007 reforms.
  • Experts aren't always capable to acting impartially.
  • Administrative tribunals often held in private- justice by back door.
  • Decisions discretionary so decisions often unpredictable. Lack of precedent- don't operate strict legal system of precedent so unpredictable;e.
  • Intro of fees and costs order in Employment Tribunals.
  • Lack of funding- legal funding available for some disputes e.g. if member of union may get case paid for but not always available, which can detrimental to a person taking big company that has benefit of most expensive representation.
  • Delay- case is one of complex nature then there can be delay in getting case hearing.
  • Intimidated parties- still problem of parties feeling intimidated and daunted at prospect of taking case to court, particularly without comfort of legal representative.

Evaluation

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