CHAPTER 1
chapter 1
Introduction to the tribunal system
1.23How a tribunal operates 1.42The bridging function 1.60Inquisitorial approach 1.81Non-contentious public parties 1.87Co-operative decision-making Between the parties • Between the parties and the tribunal
1.98Judicial nature of a tribunal 1.107Is a tribunal judicial? 1.109Do statements made by a tribunal attract absolute privilege in defamation? 1.113Does the tribunal exercise the judicial power of the state? 1.116Does the member hold judicial office? 1.118Does the tribunal have power to enforce its decisions? 1.119Does the law of contempt apply to proceedings? 1.123Does the law of perjury apply to proceedings? 1.124Is the tribunal administrative rather than judicial? 1.125Is the tribunal quasi-judicial? 1.126Administrative and judicial decision-making 1.127Superior court of record 1.134Respect for specialism Deference at the permission stage • Deference on an appeal • The basis for deference • The limits to deference • The role of the Upper Tribunal
1.149Use of specialist knowledge or expertise 1.150Powers of judicial review 1.151Tribunal system and judiciary 1.156The First-tier Tribunal The General Regulatory Chamber • The Health, Education and Social Care Chamber • The Immigration and Asylum Chamber • The Property Chamber • The Social Entitlement Chamber • The Tax Chamber • The War Pensions and Armed Forces Compensation Chamber
The Administrative Appeals Chamber • The Immigration and Asylum Chamber of the Upper Tribunal • The Lands Chamber • The Tax and Chancery Chamber
1.179Judicial review in the Upper Tribunal