Law and Rights
On 1st April, an important change came about with the merger of Her Majesty's Courts Service (HMCS) (formed in 2005) and the Tribunal Service (formed 2006). The new body, an executive agency of the Ministry of Justice, is "Her Majesty's Courts and Tribunal Service." Mr Jonathan Djanogly MP (Parliamentary Under-Secretary of State, Ministry of Justice) informed Parliament that the agency is "responsible for the administration of the criminal, civil and family courts and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland." The service has a Chief Executive and a Board and operates within a Framework Agreement arrived at between the Lord Chancellor Rt Hon Kenneth Clarke QC MP), the Lord Chief Justice (Lord Judge) and the Senior President of Tribunals (Lord Justice Carnwath).
In 2010 the government issued a Consultation about the Unified Court and Tribunals Service - (see Platform for the Future). This consultation was aimed at seeking views about the benefits which a unified service might bring. The headline merger decision had already been taken. The response to the consultation was issued on 1st April.
The whole Tribunal structure has
been undergoing an extensive process of change as a result of the Tribunals, Courts and Enforcement Act 2007 which implemented recommendations of the Leggatt Review. The Administrative Justice and Tribunals Council keeps under review the administrative justice system as a whole with a view to making it accessible, fair and efficient. It seeks to ensure that the relationships between the courts, tribunals, ombudsmen and alternative dispute resolution providers satisfactorily reflect the needs of users. The Public Bodies Bill - currently before Parliament - contains provision for Ministers to abolish the AJTC - (see Clause 1 of the latest Bill and Schedule 1).
Judicial Training also merged: From 1st April, the new Judicial College took over the training for the judiciary in both courts and tribunals. Previously there were separate arrangements for courts (the Judicial Studies Board) and for Tribunals (the Tribunals Judicial Training Group).
Previous posts: Law and Lawyers January 2010 .... The AJTC future .... Public Bodies Bill ....
- Ian Brady - Tribunal Hearing June 2013
It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children. Both were sentenced to life imprisonment. Hindley died in November 2002. Brady has been held...
- Employment Tribunals - Interesting Media Coverage This Week
Employment Tribunals have received an interesting and mostly critical "press" this week. These tribunals deal with many types of employment-related claims; the law is complex and frequent changes are made. A very interesting discussion may...
- Is The Upper Tribunal Amenable To Judicial Review In The High Court?
The Supreme Court has granted leave for an appeal in the case of R (on the application of Cart) (Appellant) v The Upper Tribunal (Respondent). A revised tribunal structure Under the Tribunals, Courts and Enforcement Act 2007 the Tribunal...
- A Unified Judiciary ... And Why Not Use The Local Town Hall ...
The government is planning to bring the tribunal judiciary in England and Wales under the overall leadership of the Lord Chief Justice. This will be in addition to the planned merger (by 1st April 2011) of Her Majesty' Court Service and the...
- Tribunals: A Major Reform Is Now Well Under Way
In England and Wales, criminal cases are heard before either the Magistrates? Courts or the Crown Court of England and Wales. Non-criminal cases ? referred to as CIVIL cases or matters ? are heard by the County Courts or by the High Court or by a TRIBUNAL....
Law and Rights
Her Majesty's Courts and Tribunals Service and Tribunal Structure
In 2010 the government issued a Consultation about the Unified Court and Tribunals Service - (see Platform for the Future). This consultation was aimed at seeking views about the benefits which a unified service might bring. The headline merger decision had already been taken. The response to the consultation was issued on 1st April.
The whole Tribunal structure has
been undergoing an extensive process of change as a result of the Tribunals, Courts and Enforcement Act 2007 which implemented recommendations of the Leggatt Review. The Administrative Justice and Tribunals Council keeps under review the administrative justice system as a whole with a view to making it accessible, fair and efficient. It seeks to ensure that the relationships between the courts, tribunals, ombudsmen and alternative dispute resolution providers satisfactorily reflect the needs of users. The Public Bodies Bill - currently before Parliament - contains provision for Ministers to abolish the AJTC - (see Clause 1 of the latest Bill and Schedule 1).
One of the noticeable effects of the introduction of HMCTS has been the loss of a number of individual "tribunal" websites. These were undoubtedly of value to practitioners since, in some cases, decisions were reported. The Ministry of Justice website now has within it information about the Tribunal structure. Essentially, there is now a First Tier Tribunal with six Chambers and there is an Upper Tribunal with four Chambers. Almost all of the distinct tribunals which existed prior to the 2007 Act have now come within either the First Tier or the Upper Tribunal. Exploration of this part of the Ministry of Justice website is recommended.
Tribunal Structure
Upper Tribunal ? Chambers: Administrative Appeals; Immigration and Asylum; Lands; Tax and Chancery.
First- Tier Tribunal ? General Regulatory; Health, Education and Social Care; Immigration and Asylum; Social Entitlements; Tax; War Pensions and Armed Forces Compensation.
Judicial Training also merged: From 1st April, the new Judicial College took over the training for the judiciary in both courts and tribunals. Previously there were separate arrangements for courts (the Judicial Studies Board) and for Tribunals (the Tribunals Judicial Training Group).
Previous posts: Law and Lawyers January 2010 .... The AJTC future .... Public Bodies Bill ....
- Ian Brady - Tribunal Hearing June 2013
It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children. Both were sentenced to life imprisonment. Hindley died in November 2002. Brady has been held...
- Employment Tribunals - Interesting Media Coverage This Week
Employment Tribunals have received an interesting and mostly critical "press" this week. These tribunals deal with many types of employment-related claims; the law is complex and frequent changes are made. A very interesting discussion may...
- Is The Upper Tribunal Amenable To Judicial Review In The High Court?
The Supreme Court has granted leave for an appeal in the case of R (on the application of Cart) (Appellant) v The Upper Tribunal (Respondent). A revised tribunal structure Under the Tribunals, Courts and Enforcement Act 2007 the Tribunal...
- A Unified Judiciary ... And Why Not Use The Local Town Hall ...
The government is planning to bring the tribunal judiciary in England and Wales under the overall leadership of the Lord Chief Justice. This will be in addition to the planned merger (by 1st April 2011) of Her Majesty' Court Service and the...
- Tribunals: A Major Reform Is Now Well Under Way
In England and Wales, criminal cases are heard before either the Magistrates? Courts or the Crown Court of England and Wales. Non-criminal cases ? referred to as CIVIL cases or matters ? are heard by the County Courts or by the High Court or by a TRIBUNAL....