Advantages of Tribunals:
- Cheapness
- Accessibility
- Freedom from technicality
- Expert knowledge of their particular subject [i.e. through specialism, which reduces the time needed and thus costs]
- Legally qualified chairmen - helping to ensure justice is done
- The procedure means that if you do not know what you are doing the tribunal will help you.
- Tribunals' local knowledge can be beneficial.
- They allow flexibility since there is little use made of precedent.
- They reduce the workload of government departments.
- They help reduce the workload of the judiciary.
- Reasoned judgments allow for both sides to make amends, for appeals, and for justice to be seen to be done.
- Speedy justice can be piossible.
- There is an unfair imbalance between represented and unrepresented parties - it is unfair to people who are not represented and cannot get legal aid to come up against a rich corporation - since richer parties are allowed to employ skilled representation they are consequently more likely to win.
- The no-costs rule and lack of legal aid penalise poor litigants, although they do keep costs down.
- The lack of fees encourages poor applicants, although it may also result in ill-founded claims.
- They may lack some of the perceived independence of the judiciary.
- It can still be difficult for the people who go to tribunals to represent themselves because of the inherent difficulty in presenting a case in any environment.
- Tribunals can become complex over time - as did the courts - rules of procedure grow up caused by the use of representatives who as a result make representation desirable in future.
No comments:
Post a Comment