Tribunals and Inquires in UK Law

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. For example, in a major case in the tax or lands tribunals, the sums may be as great, and the issues as complex, as in any case in the High Court, and the procedure will be modelled accordingly.

The first is as to the weight to be given to such evidence in future cases. Tribunals are advised that, where there is a "clear, detailed and reasoned linguistic analysis" leading to "an opinion expressed in terms of certainty or near certainty", then "little more" is required to support a conclusion.

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.

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.

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

Discretion in making administrative decisions is conferred upon a Minister not as an individual but as the holder of an office in which he will have available to him in arriving at his decision the collective knowledge, experience and expertise of all those who serve the Crown in the department of which, for the time being, he is the political head.

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.