Unit 1: The Nature of Law and the

Welsh and English Legal Systems

Civil Courts: Civil Process

Tribunals
 Objectives
• 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.
 Introduction
• 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.
 Composition of tribunals

Composition of an
Employment Tribunal

• 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.
 Types of Tribunals
Administrative: this type of Tribunal deals with disputes between individuals
and the State over rights contained in social welfare legislation, such as Social
Security, Immigration and Land.

Domestic: these are internal Tribunals used for disputes within private bodies,
such as the Law Society and the General Medical Council.

Employment: these are the biggest use of Tribunals, and deal with disputes
between employees and employers over rights under employment legislation.
History of Tribunals

Leggatt’s criticisms:
•Tribunals not user friendly
•No uniformity of procedure
•Lack of accessibility to the
public
•Lack of independence
Tribunals, Courts and Enforcement Act 2007
RECOMMENDATION
A Single Tribunal Service to be
responsible for the administration of
all tribunals
Tribunals should be organised into
divisions grouping together similar
tribunals
The system should be user friendly.
Single route of appeal
DETAILS
 This makes the Tribunal Service independent of its relevant government
department.
 The support that the Service gives to Tribunals is unified both in
procedure and administration.
 The Divisions that were created are: Education, Financial, Health and
Social Services, Immigration, Land and Valuation, Social Security and
Pensions, Transport, Regulatory and Employment.
 Each Division is headed by a Registrar who takes on case management
duties in line with the Civil Procedure Rules.
 Users are encouraged to bring their own cases without legal
representation.
 Written judgments should be given in Plain English.
 Information about procedures, venues etc. should be made freely
available.
 There is a single route of appeal;
There is a single route of appeal; with each Division having a corresponding
Appeal Tribunal, and only then will there be a redress to the Court of Appeal.
 Structure of Tribunals

FIRST-TIER TRIBUNAL
Social Health, War Pensions General Taxation Land, Asylum and
Entitlement Education and Armed Regulatory Chamber Property Immigration
Chamber and Social Forces Chamber and Chamber
Care Compensation Housing
Chamber Chamber Chamber

Adminstrative Appeals Tax and Chancery Lands Asylum and

Chamber Chamber Chamber Immigration
Chamber

UPPER TRIBUNAL
COURT OF APPEAL
Tribunals, Courts and Enforcement Act 2007
• 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
Tribunals – an Evaluation
Tribunals – an Evaluation