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Chapter

Tribunals have operated for over 200 years. They are essentially specialised courts dealing in specific areas of legal dispute such as employment, housing, immigration, mental health, social benefits, and tax. This chapter explains the development of tribunals from the late eighteenth century to the present day. It examines the major reforms that have taken place in the twenty-first century, resulting in most tribunals being re-organised into ‘chambers’ within the First-tier Tribunal and the Upper Tribunal. The chapter explains the composition of tribunals and the rules on appointment of tribunal members, including lay members. It explains the ways in which tribunal decisions may be challenged, either by way of an appeal to another tribunal or to the mainstream courts, or through judicial review. The chapter examines the advantages of tribunals over mainstream courts but also considers whether, through a process known as ‘legalism’, tribunals are becoming too much like the mainstream courts.

Chapter

Panels, committees, tribunals, referees, adjudicators, commissioners, and other public authorities decide many thousands of disputes each year over (for example) entitlement to benefits, or tax liability, or political asylum, or the detention of a patient in a secure hospital. The massive array of agencies reflects the great variety of benefits and burdens that twenty-first-century government assigns to people. The array had no overall organization until 2007, when Parliament transformed it into a complex system. This chapter explains the benefits of integrating these decision-making agencies in the new system. The law needs to tailor their structure, processes, and decision-making techniques to the variety of purposes they serve. And the law needs to achieve proportionate process, by reconciling competing interests in legalism and informality in tribunal processes.

Chapter

Panels, committees, tribunals, referees, adjudicators, commissioners, and other public authorities decide many thousands of disputes each year over (for example) entitlement to benefits, or tax liability, or political asylum, or the detention of a patient in a secure hospital. The massive array of agencies reflects the great variety of benefits and burdens that twenty-first-century government assigns to people. The array had no overall organization until 2007, when Parliament transformed it into a complex system. This chapter explains the benefits of integrating these decision-making agencies in the new system. The law needs to tailor their structure, processes, and decision-making techniques to the variety of purposes they serve. And the law needs to achieve proportionate process by reconciling competing interests in legalism and informality in tribunal processes.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court. This case examined the circumstances under which the Upper Tribunal would be subject to judicial review. There is also some discussion of ouster clauses. The document also includes supporting commentary from author Thomas Webb.

Chapter

Mark Elliott and Jason Varuhas

This chapter deals with statutory tribunals, the growth of which mirrors the dramatic expansion of the state itself. It first explains what tribunals are and whether they are a good thing before discussing two important turning points in the development of tribunals: the Franks Report, published in 1957, and the Leggatt Review, published in 2001. It then considers the independence of tribunals, focusing on their judicial leadership as well as tribunal appointments. It also examines some of the key issues and themes which arise from tribunal procedure, paying attention to formality, representation, and the style of tribunal proceedings. The chapter concludes with an analysis of the structure of the tribunals system and its relationship with the courts, with particular emphasis on the First-tier Tribunal (FTT) and the Upper Tribunal (UT), appeals against tribunal decisions, and judicial review by and of the UT.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court. This case examined the circumstances under which the Upper Tribunal would be subject to judicial review. It also considers the possible implications of the government’s proposals in response to the Independent Review of Administrative Law (IRAL) (2021), inasmuch as they may impact judicial reviews under the process established by Cart. There is also some discussion of ouster clauses. The document also includes supporting commentary from author Thomas Webb.

Book

This book provides a detailed and conceptual analysis of trusts and equity; concentrating on those areas of the subject that are most relevant in the contemporary arena, such as the commercial context. It utilizes expertise in teaching, writing, and researching to enliven the text with helpful analogies and memorable references to extra-legal sources such as history, literature, and film. In this way, the book also stimulates students to engage critically with concepts. This new edition is not merely updated but fully revised to include a new layout and a number of features designed to make the text even more accessible to student readers, one of which is a new context feature at the start of each chapter. This new revised edition also includes the latest legal developments, including decisions of the Supreme Court on dishonesty in relation to the civil liability of strangers to trusts (Ivey v. Genting Casinos UK Ltd (t/a Crockfords Club (2017)) and on equitable relief against forfeiture (The Manchester Ship Canal Company Ltd v. Vauxhall Motors Ltd (2019)). A great many new cases in the Court of Appeal and the High Court have been added, including twenty or more in 2019 alone. Other recent devlepments including law commission reports and academic commentary are also included. Further reading and discussion of anticipated reforms has been updated throughout in light of the latest legal developments.

Chapter

This chapter assesses the contribution of tribunals and Inquiries to the domestic system of administrative law. First there is consideration of the advantages tribunals enjoy over courts as more flexible, specialist, and informal bodies capable of handling a much greater throughput of cases. The chapter proceeds to explain the impact of the Leggatt reforms which have led to the separation of tribunals from parent departments and the introduction of a national two tier system of tribunals under the Ministry of Justice presided over by tribunal judges. The revised framework has certain parallels with the continental style of administrative courts. The chapter also considers the varied role of Inquiries. As well as emphasising the procedural features of Inquires and the effect of the Inquiries Act 2005, the discussion is informed by reference to prominent Inquiries including: the Scott Inquiry, the Shipman Inquiry, and the Leveson Inquiry

Book