ADR

HideShow resource information
  • Created by: ruby
  • Created on: 25-04-13 13:56

Tribunals

Panel; consists of one legall qualifed person and two non-legally qualifed personnel with expert knowledge. The chair person will ensure the hearing is fair and effcient and will encourage co-operation.

Two tiers; first tier tribunal is divided into six chambers eg teh social entitlement chamber. Upper tier tribunal deals with appeals from the first tier tribunals.

Cases heard; over 1 million per year. Administrative tribuals deal with indivuals V the state, eg teh immigration tribual. Domestic tribunals deal with 'in house' conflicts eg employer and empolyee disputes.

Nature of the hearing; informal, usually last one day, and have a set tiem and place both parties agreed on. Each party provides a set of evidence but there is no set rules of evidence or proccedure.  Powers of a trbunal include imposing fines or penalty, awarding costs or compensation, allowing or disallowing benifits and so on.

Outcomes; Decisions will always be given in writing, but may also be given at the end of the day or by post. They are binding. Thus can be enforced. If the decsion is contested on a point of law, and if leave is granted, it can be appealed.

1 of 6

The civil courts

The size of the claim will determine which court will hear the case.

Under the Civil Procedure Rules:

  • Claims up to £1,000 allocated to the small claims court
  • Claims up to £25, 000 allocated to the fast-track procedure, heard by the County Court
  • Claims over £25, 000 allocated to the multi-track procedure, heard by either the County Court or High Court (those over £50,000 or complex cases go to High Court)
2 of 6

The civil court appeals

Provided leave is granted:

  • From small claims an appeal can by made to a singe circuit judge in the County Court
  • From the fast-track an appeal can be had to a single High Court judge
  • From the multi-track an appeal can be made to two Lord Justice's in the Court of Appeal
  • A final appeal can be made to the Supreme Court on a point of law
3 of 6

By-laws

These are made by local authorties, eg country or district councils, applying only in the area of council concerned.

Involved in things sich as parking restrictions and to control drinking in public places.

Cornwall County Council created by-law about the use of libraries in the county under the Public Libaries and Museums Act 1964.

Public coroprations can make by-laws to enforce eules covering behaviour in public places, eg the ban on smoking on the London Underground and the Nation trust can make by-laws affecting it's property.

All by-laws have to be approved by relevent government ministers.

4 of 6

Statutory instruments

SI take the form of rules, regulation and orders, under the authority of the parent (enabling) Act.

Ministers and government officals have the power to make SI relevent the their departments, eg the Transport Minister has the power under the Road Traffic Act to update the Traffic Signs Regulations 2002 to regulated the size and colour of traffic signs.

SI are a good way of updating legislatiom and adpting the law to changing circumstances, eg the updating of the Health and Satey at Work Act through the use of SI.

They can also be used to implement EU directives and to bring into effect Acts of Parliament.

5 of 6

Rules of Language

Ejusdem generis

  • General words which follow particual words, the general rules are limited to that of the particular words. Powell V Kempton park Race Course; 'D' kept an open air enclosure for bookmakers, but under regulations it is illegal to have a 'house, office or other place' for betting. Court applied tehe rule and the 'D' was not guilty as the general word of other places was taken to mean covered spaces.

Experssio

  • The experssion of one thing inplies the exclusion of another. Inhabitants of Sedgley, rates were charged on 'land, titles and coal mines' therefore rates could not be charged on mines that were not producing coal.

Noscitur a sociis

  • The meaning of the word is gathered from the context. Muir V Keay, 'D' kept cafe open at night without a licence. The Refershments Houses Act 1860 says to entertain at nigh here must be licence, and 'drinking coffee at night time' was considered entertatinment so the 'D' was found guilty.
6 of 6

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Civil courts and ADR resources »