Tribunals and Inquires in UK Law

Leading Cases
  • N v Advocate General for Scotland
    • Supreme Court (Scotland)
    • 21 Mayo 2014

    Secondly, there is no presumption that the procedure will necessarily follow the adversarial model which (for the time-being at least) is the hallmark of civil court procedures. In a specialist tribunal, particularly where parties are not represented, there is more scope, and often more need, for the judges to adopt an inquisitorial approach. However, there is no single approach suitable for all tribunals.

    The first is as to the weight to be given to such evidence in future cases. The language of the guidance gives rise to a real risk of being interpreted as prejudging issues which are for the individual tribunal to determine. As will be seen, the present appeals are illustrative of that risk.

  • Pett v Greyhound Racing Association Ltd
    • Court of Appeal (Civil Division)
    • 05 Abril 1968

    All I would say is that much water has passed under the fridges since 1929. The dictum may be correct when confined to tribunals dealing with minor matters where the rules may properly exclude legal representation. But the dictum does not apply to tribunals dealing with matters which affect a man's reputation or livelihood or any matters of serious import. Natural justice then requires that he can be defended, if he wishes, by counsel or solicitor.

  • Edwards v Clinch
    • Court of Appeal (Civil Division)
    • 09 Mayo 1980

    I return to the character of the appointment by the Minister of the appellant. It was a temporary ad hoc appointment confined to the appellant. He was not appointed to a position which had an existence of its own. It had no quality of permanency about it.It was conceded that it subsisted only from the date when he was appointed to the date when the report of the inquiry was delivered to the Secretary of State.

  • Bushell v Secretary of State for the Environment
    • House of Lords
    • 07 Febrero 1980

    What is a fair procedure to be adopted at a particular inquiry will depend upon the nature of its subject matter.

    What is fair procedure is to be judged not in the light of constitutional fictions as to the relationship between the Minister and the other servants of the Crown who serve in the Government Department of which he is the head, but in the light of the practical realities as to the way in which administrative decisions involving forming judgments based on technical considerations are reached.

    Once he has reached his decision he must be prepared to disclose his reasons for it, because the Tribunals and Inquiries Act 1971 so requires; but he is, in my view, under no obligation to disclose to objectors and give them an opportunity of commenting on advice, expert or otherwise, which he receives from his Department in the course of making up his mind.

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Legislation
  • The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ......Therefore, paragraph 27 of Schedule 8 only repeals section 8 of the Tribunals and Inquires Act 19923in relation to a Minister’s exercise of rule making powers, leaving the provision in place in relation to the requirement for consultation ......
  • Scottish Parliament (Disqualification) Order 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ...... Any member of the Council on Tribunals . Any member of the Criminal Cases Review Commission . Any member of the ... Member of a panel appointed under section 6 of the Tribunals and Inquires Act 1992 of persons to act as chairmen of Social Security Appeal ......
  • Town and Country Planning (Scotland) Act 1959
    • UK Non-devolved
    • 1 de Enero de 1959
    ......requirements of the Act of 1947, the Act of 1954, the Tribunals. and Inquiries Act, 1958, or this Act, or of any order, regulations. or ... S-33 . Procedure in connection with statutory inquires. 33 Procedure in connection with statutory inquires. . 33. In the ......
  • Act of Sederunt (Fatal Accident Inquiry Rules) 2017
    • Scotland
    • 1 de Enero de 2017
    ...... “SCTS” means the Scottish Courts and Tribunals Service; and . “witness statement” has the meaning given by rule ... these Rules, references to a section are to that section of the Inquires into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. Periods ......
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Books & Journal Articles
  • Gender pay equity, wage fixation and industrial relations reform in Australia. One step forward and two steps backwards?
    • Núm. 30-1, Noviembre 2007
    • Employee Relations
    • 4-19
    Purpose: The purpose of this paper is to discuss the impact on the new federal wage fixing system on gender pay equity in Australia. Design/methodology/approach: The article is divided into four p...
    ...... gender payequity in Australia.Findings – The capacity of State tribunals to continue to apply gender free wage determinations isunder threat ...157-176). Since then inquires have alsobeen conducted in WA and Victoria in 2004, though these were not ......
  • Bibliography - a Selection
    • Núm. 30-3, Septiembre 1964
    • International Review of Administrative Sciences
    ......examination in  accountancy which inquires into a . their worldwide movement.  A few essential prob- . ...Administrative  Tribunals.  . London,  Ste- . ......
  • Development of MBA in court administration and management. The experience of NALSAR University of Law, India
    • Núm. 26-3, Julio 2018
    • Quality Assurance in Education
    • 391-402
    Purpose: The purpose of this paper is to share the experience of Centre for Management Studies, NALSAR University of Law in developing the new MBA programme in Court Administration and Management. ...
    ...... and provide standardized administrative services to courtsand tribunals. This also ensuresthat the judges are only concerned with the judicial ... knowledge to the learnerFacilitates discussions, selectscases and inquires responsesCritical mediator, evokes criticalreflection and actionRole of ......
  • Bibliography — a Selection
    • Núm. 39-4, Diciembre 1973
    • International Review of Administrative Sciences
    ......insights,  inquires  into  the  problems  of  power  and . ...Tribunals......
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