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Скачать презентацию Tribunals Шевченко А А ПД-101 Tribunal
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Tribunals Шевченко А. А. ПД-101
Tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as 'their tribunal'.
Dictionary: Bodies – тела Judicial – судебная the Executive – Исполнительный subject to judicial review - подлежат рассмотрению в судебном порядке chairperson - председатель may be withdrawn - может быть отменено
Tribunals in the UK: The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs). [1] Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007 reforms were put in place to build a unified system with recognised judicial authority, routes of appeal and regulatory supervision. The UK tribunal system is headed by the Senior President of Tribunals.
Structure The Tribunals, Courts and Enforcement Act 2007 created a new unified structure for tribunals and recognises legally qualified members of tribunals as members of the judiciary of the United Kingdom who are guaranteed continued judicial independence. The Act created two new tribunals to which pre-existing jurisdictions were transferred: namely a First-tier Tribunal and an Upper Tribunal. The tribunals are divided into several "chambers", grouped around broad subject headings. All legally qualified members take the title of judge. There is a right of appeal on a question of law from the First-tier to the Upper Tribunal and some limited jurisdiction for judicial review. The Upper Tribunal is a senior court of record. There is a right of appeal to the Court of Appeal of England Wales, Court of Appeal in Northern Ireland or Court of Session (Scotland).
The Act created the office of Senior President of Tribunals, appointed by the Queen on the recommendation of the Lord Chancellor. [4] Lord Justice Carnwath was appointed as the first holder of the post on 12 November 2007. [5][6] The Act also transferred 107 existing tribunals to the supervision of the Council. However, many tribunals still lie outside the new system. Chambers are created flexibly by the Lord Chancellor in consultation with the Senior President of Tribunals and each has its own Chamber President. [4] There is a Tribunals Procedure Committee to which the first transitional appointments were made on 19 May 2008. Tribunal judgments carry a right to a warrant of execution or entry on the Register of Judgments, Orders and Fines and no longer require to be registered in the County Court or High Court.
Composition of tribunals and procedure A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.
The intention of tribunals are to provide a less formal proceeding in which claimants can lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal - where an employer appears to not be acting in a reasonable way in removing an employee - could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to brokera settlement so that a claim may be withdrawn. The costs of the hearing are borne by the public purse, which is, paid from tax revenue, but legal representation is at the cost of each party. Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case.
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