What characteristics generally distinguish a tribunal for a court?
Informal, presence of non legally qualified lay members, specialise in subject areas, cheapness,
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What are two distinct types of tribunals ?
Those established by the state described as administrative tribunals to pe from judicial functions and the non state institutions such as professional associations and trade unions
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What problems with the old tribunal system did Sir Andrew Legatt identify in 2001
Lack of independence, lack of coherence and inconsistency of appeals
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Who now provides administrative support to most of the tribunals in England?
Ministry of Justice
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What is the difference between first tier tribunals and upper tier tribunal? Give examples
First tier is the lower tier - your case will be heard by a panel of a qualified judge and unqualified members, upper is the superior equal to high court and can set precedent
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Why are the grounds for judicial review of a tribunal decision subject to certain restraints?
Legal certainty - cases are final, cost - keeping costs down, specialisation and mutual respect and high court workload
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What is the significance of section 1 of the tribunals, courts and enforcement act 2007 in regard to tribunals?
The guarantee of judicial independence of s.3 of CRA 2005
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Why was the employment tribunal and employment appeals tribunal fees order 2013 so controversial
Expensive fee charges targeted groups like women and minorities who had to make these claims, made it so that they couldn’t afford
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What were the disadvantages of what legalism, what are the advnasteges if any?
D- inflexible, unnecessary and undue reliable on legal authority,
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Other cards in this set
Card 2
Front
What are two distinct types of tribunals ?
Back
Those established by the state described as administrative tribunals to pe from judicial functions and the non state institutions such as professional associations and trade unions
Card 3
Front
What problems with the old tribunal system did Sir Andrew Legatt identify in 2001
Back
Card 4
Front
Who now provides administrative support to most of the tribunals in England?
Back
Card 5
Front
What is the difference between first tier tribunals and upper tier tribunal? Give examples
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