Law and Rights
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. In fact, for many forms of civil dispute, it is far more likely that the matter would be resolved by a tribunal. Until recently, there have been numerous tribunals each created by a specific Act of Parliament. Often, each tribunal had its own rules and dealt with matters relating to a particular government department or decision making public agency. This made for a great deal of complexity.
Since November 2008, this system is being rationalised as a result of the Tribunals, Courts and Enforcement Act 2007. Basically, there will be two tribunals known as First Tier Tribunal and Upper Tribunal. Gradually, all the existing tribunals are being swept away and their tasks taken into this new structure. The new structure will have its own rules of procedure though it seems that there will be a considerable number of such rules (see here). Complexity seems to be already building itself into this new system.
The First Tier Tribunal divides into Chambers as described here and each Chamber will encompass the roles previously undertaken by a separate tribunal.
Upper Tribunal ? divides into Chambers as described here.
See the Tribunals Service website for the progress made so far with this major project.
This is an important legal reform and little is known about it by the general public. I would be particularly interested to hear from any practitioners with experience of how things are going. Is the new system shaping up well and will it meet the objectives of the Leggatt Report?
- Explaining Our Law And Legal System ... No.2 ... Courts Of Law And Tribunals
TV Series - SILKThe recent six episode TV series "SILK" (starring Maxine Peake as barrister Martha Costello) was packed with courtroom drama. Courts and tribunals are the places where the legal system decides the outcome of disputes and the range...
- 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...
- Tribunals: The Loss Of The Ajtc
The Administrative Justice and Tribunals Council is one of the public bodies to be axed under the goverment's reforms. Tribunals are a major part of the justice system - for more information see Lawobserver - Tribunals. The AJTC (and its predecessor...
- 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...
Law and Rights
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. In fact, for many forms of civil dispute, it is far more likely that the matter would be resolved by a tribunal. Until recently, there have been numerous tribunals each created by a specific Act of Parliament. Often, each tribunal had its own rules and dealt with matters relating to a particular government department or decision making public agency. This made for a great deal of complexity.
Since November 2008, this system is being rationalised as a result of the Tribunals, Courts and Enforcement Act 2007. Basically, there will be two tribunals known as First Tier Tribunal and Upper Tribunal. Gradually, all the existing tribunals are being swept away and their tasks taken into this new structure. The new structure will have its own rules of procedure though it seems that there will be a considerable number of such rules (see here). Complexity seems to be already building itself into this new system.
The First Tier Tribunal divides into Chambers as described here and each Chamber will encompass the roles previously undertaken by a separate tribunal.
Upper Tribunal ? divides into Chambers as described here.
See the Tribunals Service website for the progress made so far with this major project.
This is an important legal reform and little is known about it by the general public. I would be particularly interested to hear from any practitioners with experience of how things are going. Is the new system shaping up well and will it meet the objectives of the Leggatt Report?
- Explaining Our Law And Legal System ... No.2 ... Courts Of Law And Tribunals
TV Series - SILKThe recent six episode TV series "SILK" (starring Maxine Peake as barrister Martha Costello) was packed with courtroom drama. Courts and tribunals are the places where the legal system decides the outcome of disputes and the range...
- 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...
- Tribunals: The Loss Of The Ajtc
The Administrative Justice and Tribunals Council is one of the public bodies to be axed under the goverment's reforms. Tribunals are a major part of the justice system - for more information see Lawobserver - Tribunals. The AJTC (and its predecessor...
- 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...