Tribunals and Inquires in UK Law
N v Advocate General for Scotland
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
He cannot bring out the points in his own favour or the weaknesses in the other side. A Magistrate says to a man: "You can ask any questions you like"; whereupon the man immediately starts to make a speech. If justice is to be done, he ought to have the help of someone to speak for him. and who better than a lawyer who has been trained for the task? I should have thought, therefore, that when aman's reputation or livelihood is at stake he not only has a right to speak by his own mouth.
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.
Bushell v Secretary of State for the Environment
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.
The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 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
...... 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 ......
Act of Sederunt (Fatal Accident Inquiry Rules) 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 ......
Senedd and Elections (Wales) Act 2020
......)(b) do not require a registration officer to make house to house inquires in relation to any person under the age of 16.” . (2) In regulation ... (l) President of Welsh Tribunals......
Gender pay equity, wage fixation and industrial relations reform in Australia. One step forward and two steps backwards?
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.........Findings – The capacity of State tribunals to continue to apply gender free wage determinations is under threat ...157-176). Since then inquires have also been conducted in WA and Victoria in 2004, though these were not ......
Development of MBA in court administration and management. The experience of NALSAR University of Law, India
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 standa rdized administrative service s to courts and tribunals. This also ensuresthat the judges are only concerned with the judicial ... to the learner Facilitates discussions, selects cases and inquires responses Critical mediator, evokes critical re ﬂ ection and action Role ......
Book reviewed in this article: Legal Controls of International Conflict. By Julius Stone. Political and Civil Rights in the United States: a Collection of Legal and Related Materials. By Thomas J. ......... OF LAW AS APPLIED BY INTERNATIONAL COURTS AND TRIBUNALS. By BIN CEENO. [London : Stevens & Sons, Ltd. 1958, li and ... In the last and most extensive part the author inquires into such general principles of law as govern judicial ......
Deference on Questions of Law
Contrary to the modern English position, it may be appropriate for reviewing courts to accord deference to interpretations of law rendered by administrators. There is no basis for the current stron......... e Court of Canada: A courtco nductinga review for reasonableness inquires into the qualities that make a decision reasonable, referring both tothe ...45 M. Allars,‘On Deferenceto Tribunals, with Deferenceto Dworkin ’( 1994)20 Queen’sLJ 163, 19 9. 46 T.R. ......