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Tribunal Practice and Procedure: Tribunals under the Tribunals, Courts and Enforcement Act 2007 4th ed

Tribunal Practice and Procedure: Tribunals under the Tribunals, Courts and Enforcement Act 2007 4th ed

  • 作者:
  • 出版商: Legal Action Group
  • ISBN: 9781908407726
  • Previous Edition ISBN: 9781908407450
  • 出版时间 October 2016
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    Tribunal Practice and Procedure is the most comprehensive and authoritative guide to the integrated tribunal system created by the Tribunals, Courts and Enforcement Act 2007.

    It provides a structured approach to the practice and procedure of tribunals, setting the rules of procedure in context and providing a framework for understanding and analysing the practices that apply to them.

    I am delighted to be able to extend a warm welcome to the third edition of this invaluable guide ... A legal system which is having to cope with large numbers of litigants in person has much to learn from the practice and procedure adopted by tribunals, as described in this work. Lord Justice Sullivan, Senior President of Tribunals, from his foreword

    This book is a remarkable achievement and is thoroughly recommended for those who sit on, appear before, or otherwise have to consider the work of tribunals. Senior Immigration Judge in the Upper Tribunal

    This is highly recommended reading for anyone preparing cases for or representing at any tribunal under the new integrated system. Adviser

    The tribunal system has, for now, attained a steady state though the matters over which it has jurisdiction continue to expand, especially in the General Regulatory Chamber of the First-tier Tribunal and the Administrative Appeals Chamber of the Upper Tribunal. The judicial review work of the Immigration and Asylum Chamber of the Upper Tribunal has now established its position in place of the Administrative Courtfor that jurisdiction.

    As well as dealing with the rules of procedure, this book contains practical advice for tribunal members and those who appear before them. For parties and their representatives, it deals with obtaining and assessing evidence, writing decisions, applying for adjournments, techniques of questioning and tribunal advocacy.

    This is essential reading for tribunal judges and panel members, representatives and anyone who appears before the tribunal or is interested in how they work.

  • Foreword to the third edition
    Foreword to the first edition
    Preface
    Table of cases
    Table of statutes
    Table of statutory instruments
    Table of European legislation
    Abbreviations

    1.
    Introduction to the tribunal system
    Introduction
    Nature of a tribunal
    Judicial nature of a tribunal
    Specialism
    Tribunal system and judiciary

    2.
    Jurisdiction
    Validity of actions, notices and decisions
    Ordinary and habitual residence
    Finality

    3.
    Procedure
    Principles of procedural justice
    Sources of procedural provisions
    Overriding objective and co-operation
    Acting judicially
    Fairness
    Forms of proceedings

    4.
    Appeals
    Nature of an appeal
    Scope of an appeal
    Permission to appeal
    Issues of fact and law
    Issues of judgment
    Adequacy of reasons

    5.
    Referrals
    Nature of a referral
    Scope of a referral

    6.
    Other forms of procedure
    Judicial review
    Alternative Dispute Resolution

    7.
    Proceedings
    Case managemen
    Vexatious litigants and others
    Time limits
    Notification and service
    Abstract issues
    Preliminary issues
    Handling dependent cases
    Abatement
    Costs

    8.
    Hearing
    Nature and types of hearing
    Notice of hearing
    Postponement and adjournment
    Record of proceedings
    Resumed hearings and rehearings
    9.
    Representatives
    Support for parties
    Tribunal advocacy

    10.
    Evidence
    Types and sources of evidence
    Law of evidence
    Obtaining evidence
    Admission and exclusion of evidence
    Disclosure and non-disclosure of documents and information

    11.
    Findings
    Nature of a fact
    Facts and inferences
    Evidential inferences
    Forensic inferences
    Analysing the evidence

    12.
    Disposal
    Forms of disposal
    Lapse
    Striking out and barring
    Withdrawal
    Compromise

    13.
    Precedent

    14.
    The decision
    Forms of decision
    Consent orders
    Standard and burden of proof
    Making the decision
    Consistency
    Majority or unanimity
    Reasons for decision
    Promulgation and control over decisions and reasons

    15.
    Post decision
    Control after promulgation of final decision
    Correction of accidental mistakes
    Setting aside
    Review
    Suspending the effect of a decision

    APPENDICES
    A Tribunal, Courts and Enforcement Act 2007
    B The Tribunal Procedure (Upper Tribunal) Rules 2008
    C Articles in Tribunals
    Index

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