
This chapter discusses tribunals and their role within the administrative justice system. It considers the purpose of tribunals, their advantages over the courts and the difference between tribunals and judicial review. The chapter then outlines the structure of tribunals, focusing on the two-tier system introduced by the Tribunals, Courts and Enforcement Act 2007, and the roles of the First-tier Tribunal and the Upper Tribunal. The ability to appeal from the First-tier Tribunal to the Upper Tribunal is then outlined together with the possibility of making an onward appeal on a point of law to the Court of Appeal and potentially direct to the Supreme Court. The chapter also analyses the development of ‘Cart judicial reviews’, which is when the Upper Tribunal is itself reviewed by the High Court, and scrutinises the abolition of this procedure. Several aspects of tribunal procedure, including oral or paper-based hearings, and different approaches to conducting oral hearings are also discussed. The chapter concludes by explaining the increasing practice of holding tribunals online.
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