Explain the history of tribunals. Explain the history of tribunals



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tarix05.09.2018
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Explain the history of tribunals.

  • Explain the history of tribunals.

  • Outline the types of tribunals.

  • Explain the composition of tribunals.

  • Describe the changes brought about to tribunals under the Tribunals, Courts and Enforcement Act 2007 as a result of the Leggatt Report.

  • Analyse and evaluate the advantages and disadvantages of tribunals.



Tribunals are specialist courts that operate alongside the court system – they handle over 1 million cases per year.

  • Tribunals are specialist courts that operate alongside the court system – they handle over 1 million cases per year.

  • Tribunals were created after WWII as part of the development of the ‘welfare state’ to enforce people’s social rights.

  • Tribunals are used instead of going to court, they cannot go to court as well unless they have exhausted the tribunal procedure.

  • Individuals are encouraged to bring their own case without legal representation.

  • The case of Peach Grey v Sommers (1995) confirmed that tribunals are inferior to the ordinary courts.



Most tribunals have a legally qualified chairperson and two lay members, who are usually subject experts.

  • Most tribunals have a legally qualified chairperson and two lay members, who are usually subject experts.

  • No formal rules of evidence apply but rules of natural justice must be followed.











The Administrative Justice and Tribunals Council replaced the Council on Tribunals which had operated since 1957 – its duties include:

  • The Administrative Justice and Tribunals Council replaced the Council on Tribunals which had operated since 1957 – its duties include:

  • Keeping the workings of tribunals under review

  • Reporting on the constitution and working of tribunals

  • Considering and reporting on any other matter relating to tribunals.

  • The whole system is headed by the Senior President of Tribunals who is responsible for assigning judges to chambers.

  • Tribunal judges are appointed by the Judicial Appointments Commission.

  • The Tribunal Service was merged with HM Court Service to become HM Courts and Tribunal Service in 2010 - https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service








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