The Right of Legal Representation Before Administrative Tribunals
| Published date | 01 December 1953 |
| Date | 01 December 1953 |
| DOI | http://doi.org/10.1111/j.1467-9299.1953.tb01710.x |
The
Right of Legal Representation Before
Administ
rat
ive
Tribunals
By M.
R.
MCLARTY
Mr.
McLarty,
Lzcturer
in
Administrative Law
in
the University
of
Edinburgh, writes
on
an important topic that has aroused much
HE
right of legal representation before administrative tribunals;
or,
more
T
accurately, the refusal of the right of legal representation before certain
administrative tribunals, has been a subject of much discussion for some
years, and the question has at times assumed a semi-political complexion.
This
article sets forth the results of some research into the facts of the situation
in the United Kingdom and in the Dominions.
Introduction
For
many years now there has been an increasing tendency to confer
exclusive jurisdiction upon administrative tribunals and Ministers in certain
matters, disputes in connection with some of which would have formerly
been decided by the ordinary law courts. There is a general awareness,
says Mr. Pollard: of the multitude of administrative tribunals which now
exist in Great Britain and of which there were as at 15th December, 1948,
over
100
of a judicial
or
semi-judicial nature3 (and more have been created
since then). These may often be, as Mr. Pollard again observes: more
important to the ordinary citizen than the ordinary law courts. The problems
and the topics they deal with may and indeed in many cases do touch
hm
in the every-day affairs and essentials of life. Numerous arguments have
been put forward in favour of these tribunals
as
against the ordinary law
courts in respect
of
the subjects which fall within their jurisdiction. These
may be summarised as follows
:5
interest
in
recent years.
(a)
The law courts are too busy
;6
(b)
The law courts are unsuitable as specialised knowledge is
(c)
These tribunals become experts in their respective spheres
;
(d)
The procedure before these tribunals is informal, speedier and
(e)
The services of an advocate-counsel or solicitor-though often
(f)
The tribunals are unfettered by precedents.
necessary and the ordinary lawyer is not acquainted therewith
;
cheaper, the ordinary rules
of
evidence not being adopted
;
useful are not necessary in such cases
;
The opponents of the system6 point to the value to the subject (and
'These fall to be distinguished from domestic tribunals of domestic bodies. Robson,
Justice and Administrative Law
(1951),
317,
etc.,
620,
etc. Pollard,
Administrative Tribunals
at Work
(1950), Introduction, xii, xiv.
'Administrative Tribunals at Work,
Foreword, vii.
%See
H.
of
C.
Debates, 15th December, 1948, col.
1229,
for a statement by the
Attorney-General that there were then that number in which the legal profession had the
right
of
audience.
'Admirtistrative Tribunal,
at
Work,
Introduction,
xi.
"Pollard,
supra,
Introduction, xii.
See
Robson,
supra,
557,
etc.
"See
as
to
some
of
the
disadvantages, Robson,
573,
etc.
365
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