Tribunals and Inquires in UK Law

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

    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.

  • 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 Maio 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 Fevereiro 1980

    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.

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Legislation
  • The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008
    • UK Non-devolved
    • 01 de Janeiro 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
    • 01 de Janeiro de 1999
    ... ... Any member of the Council on Tribunals ... Any member of the Criminal Cases Review Commission ... Any member ... 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 ... ...
  • Senedd and Elections (Wales) Act 2020
    • Wales
    • 01 de Janeiro de 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 32ZA ... (magistrates' courts) in Northern Ireland;(l) President of Welsh Tribunals or Llywydd Tribiwnlysoedd Cymru;(m) Judge of the Upper Tribunal;(n) legal ... ...
  • Town and Country Planning (Scotland) Act 1959
    • UK Non-devolved
    • 01 de Janeiro de 1959
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Books & Journal Articles
  • Recent Government Publications
    • No. 46-3, September 1968
    • Public Administration
    ... ... report to the Lord Chancellor by the Council on Tribunals under the Tribunals and Inquires Acts 1958 and 1966. Cmnd ... ...
  • Tribunals for Land Reforms in Andhra Pradesh
    • No. 19-1, February 1999
    • Public Administration and Development
    ... ... After givingdue notice to the parties concerned including the Authorized Representative of theGovernment, and the objectors, if any, it inquires, into the declarations by hearing thempersonally and/or through their legal representatives. After such enquiry it passes an orderindicating: (i) the ... ...
  • Gender pay equity, wage fixation and industrial relations reform in Australia. One step forward and two steps backwards?
    • No. 30-1, November 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 ... ...
  • Development of MBA in court administration and management. The experience of NALSAR University of Law, India
    • No. 26-3, July 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 ... ...
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