The New Tribunal System

1
The New Tribunal System

• Edward Jacobs

2
Whats New?

• A coherent system
• With a common system of appeals
• And consistent (but not necessarily uniform)
  rules of procedure

3
A Coherent System

• Previously there were separate tribunals for
  different areas of law
• Now there are two the First-tier Tribunal and
  the Upper Tribunal
• Under the authority of a Senior President, who is
  also responsible for employment and immigrations
  tribunals

4
The First-tier Tribunal

• There is a First-tier Tribunal
• Most cases begin here
• It is divided (at the moment) into three chambers
  each with related subject matter
• Judges are called Regional Tribunal Judge,
  District Tribunal Judge or Tribunal Judge

5
The Upper Tribunal

• There is an Upper Tribunal
• consisting (at the moment) of one chamber
• which will expand with other subject-related
  chambers
• Judges are called Judges of the Upper Tribunal or
  Upper Tribunal Judges

6
A Common System of Appeals

• Previously (1) dedicated appeal system (2)
  appeal to the High Court (3) appeal to the Court
  of Appeal or (4) judicial review.
• Now appeals from the First-tier Tribunal go to
  the Upper Tribunal

7
Consistent Rules of Procedure

• Drafted by the Tribunal Procedure Committee
• Rules for each chamber
• modified as appropriate
• but with common provisions and approaches

8
The New Approach to Procedure
9
Judicial Bodies

• Tribunals are judicial bodies
• The Upper Tribunal is now a superior court of
  record
• with (for some purposes) all the powers of the
  High Court

10
Sources of Procedural Rules

• Each chamber has its own rules
• Tribunal Procedure (First-tier Tribunal) (Social
  Entitlement Chamber) Rules 2008
• Practice Directions
• Practice Statements

11
The Overriding Objective

• Rule 2(1) The overriding objective of these
  Rules is to enable the Tribunal to deal with
  cases fairly and justly.
• Rule 2(3) This applies whenever
• a rule or practice direction is interpreted or
• a power is applied

12
The Function of Rules of Procedure

• All rules of procedure fulfil three functions.
  They deal with
• initiating the proceedings
• the conduct of the proceedings
• the disposal of the proceedings

13
The Duty to Co-operate

• Rules 2(4) - The parties must
• help the tribunal to further the overriding
  objective and
• co-operate with the tribunal generally
• This includes co-operating with each other
• The duty applies to the parties and to their
  representatives

14
Types of Rule

• Duties eg to provide reasons
• Powers eg to withdraw a case
• Discretions eg whether to proceed in a partys
  absence
• Default rules that can be overridden eg time
  limits

15
Particularising the Proceedings

• This is achieved through two devices
• Rule 5(1) the tribunals power to control its
  own procedure
• Rule 5(2) the tribunals power to give case
  management directions

16
Challenging a Direction

• Wrong to ignore direction Black J in R (Davies)
  v Commissioners Office 2008 1 FLR 1651
• Rule 6 apply to amend, suspend or set aside a
  direction

17
Failure to Comply

• Rule 7
• Not render proceedings wholly or partly void
• The tribunal may
• waive the requirement
• require it to be remedied
• strike out the partys case
• bar the party from further participation
• refer the case to the Upper Tribunal for
  enforcement under section 25 TCEA

18
Section 25 TCEA

• The Upper Tribunal has the same powers, rights,
  privileges and authority as the High Court in
  respect of certain matters
• the attendance and examination of witnesses,
• the production and inspection of documents, and
• all other matters incidental to the Upper
  Tribunals functions.