Tribunals

Many if not most citizens are probably affected by decisions taken by public bodies, for example those determining eligibility for particular benefits (such as social security) or compensation for compulsory purchase, and post-war years have witnessed the growth of administrative law, providing the legal framework within which such decisions are taken and the procedure by which disputes may be resolved.

To avoid disputes over particular administrative decisions being taken to the existing, highly formalized civil courts - overburdening the courts and creating significant financial burdens for those involved - the law provides for a large number of tribunals to resolve such disputes. There are now tribunals covering a wide range of issues, including unfair dismissal, rents, social security benefits, immigration, mental health and compensation for compulsory purchase. Those appearing before tribunals will often have the opportunity to present their own case and to call witnesses and cross-examine the other side. The tribunal itself, as the name indicates, will normally comprise three members, though the composition varies from tribunal to tribunal: some have lay members, others have legally qualified members, some have part-time members, and others have full-time members. Industrial tribunals, for example, each comprise an independent chairman and two representatives drawn from either side of industry; more specialized tribunals, such as Land Tribunals have professionally qualified members.

Tribunals offer the twin advantages of speed and cheapness. As far as possible the formalities of normal courts are avoided. Costs tend to be significant only in the event of an appeal. Appeal procedures vary widely, depending upon the provisions of the relevant Act.

Notes*

to be affected - піддаватися впливу, бути нещирим	to appeal before tribunal - апелювати, звертатися до трибуналу
public body - громадський орган	to cross-examine, v. - вести пересічний допит
eligibility, n. - відповідність	part-time member of the tribunal - член трибуналу, який працює половину робочого часу
compulsory purchase – обов’язкова (примусова) покупка	full-time member of the tribunal - член трибуналу, який працює повний робочий день
legal framework - правова, юридична структура	twin advantages - подвійні переваги
a range of issues - низка питань	relevant, adj. - відповідний

Talking Points*

Why does law provide a large number of tribunals in Britain?

How are cases heard in tribunals?

What cases are tried in tribunals?

What advantages are offered by tribunals?

Unit 8

Дата добавления: 2015-08-18