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Tribunals In The United Kingdom
The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies (NDPBs). Tribunals operate formal processes to adjudicate disputes in a similar way to courts of law, but have different rules and procedures; and operate only in a specialised area. In theory, their procedures may be better suited for particular types of disputes, cheaper to administer and require less-qualified officials. In the case of appeals, however, disputes will enter the conventional court system, possibly reaching the Court of Appeal and UK Supreme Court, so the judiciary still have oversight over the tribunals. Parties are sometimes represented by lawyers at tribunals. Examples of tribunals include employment tribunals, Office of Fair Trading adjudicators, the Gender Recognition Panel, the Planning Inspectorate and the Company Names Tribunal. Though it has grown up on an ''ad hoc'' basis since the beginning of the ...
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Tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies that are titled as "tribunals" are described so in order to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many (but not all) cases, the word ''tribunal'' implies a judicial (or quasi-judicial) body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges, nor magistrates. Private judicial bodies are also often styled "trib ...
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Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor. Background The office of Lord Chancellor was reformed to remove the ability of the holder to act as both a government minister and a judge, an arrangement that ran contrary to the idea of separation of powers. The reform was motivated by concerns that the historical mixture of legislative, judicial, and executive power might not conform with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights, because a judicial officer who has legislative or executive power is likely not to be considered suf ...
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Robert Carnwath (judge)
Robert John Anderson Carnwath, Lord Carnwath of Notting Hill, CVO, PC (born 15 March 1945) is a former British Supreme Court judge. The son of Sir Andrew Carnwath KCVO, Robert Carnwath was educated at Eton College, where he won the Newcastle Scholarship, and Trinity College, Cambridge. Carnwath was called to the Bar at Middle Temple in 1968. He practised in parliamentary law, planning and local government, revenue law, and administrative law. He held the appointment of Junior Counsel to the Inland Revenue (Common Law) from 1980 to 1985, succeeded by Alan Moses, later Lord Justice Moses. He became a Queen's Counsel in 1985, and was Attorney General to the Prince of Wales from 1988 to 1994. He was appointed as a High Court judge on 3 October 1994, assigned to the Chancery Division, and received the customary knighthood. He served as Chairman of the Law Commission from 1999 to July 2002. He was promoted to the Court of Appeal on 15 January 2002 and, as is customary, be ...
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Lord Justice Of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice of Appeal is the second highest level of judge in the courts of England and Wales. Despite the title, and unlike the former Lords of Appeal in Ordinary (who were judges of still higher rank), they are not peers. Appointment The number of Lord Justices of Appeal was fixed at five by the Supreme Court of Judicature Act, 1881, but has since been increased. Judges of the Court of Appeal of England and Wales are selected from the ranks of senior judges, in practice High Court judges with lengthy experience, appointed by the Monarch on the recommendation of the Prime Minister. The appointment is open to all types of civilians, including ministers of state and members of parliament. Jurisdiction Applications for permission to appeal a ruli ...
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Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922. The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justic ...
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Queen Of The United Kingdom
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man) and the British Overseas Territories. The current monarch is King Charles III, who ascended the throne on 8 September 2022, upon the death of his mother, Queen Elizabeth II. The monarch and their immediate family undertake various official, ceremonial, diplomatic and representational duties. As the monarchy is constitutional, the monarch is limited to functions such as bestowing honours and appointing the prime minister, which are performed in a non-partisan manner. The sovereign is also able to comment on draft laws which directly affect the monarchy. The monarch is also Head of the British Armed Forces. Though the ultimate executive authority over the government is still fo ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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Courts Of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland. Prior to the partition of Ireland, Northern Ireland was part of the courts system of Ireland. Northern Ireland continues to have a separate legal system to the rest of the United Kingdom. There are exceptions to that rule, such as in immigration and military law, for which there is a unified judicial system for the whole United Kingdom. To overcome problems resulting from the intimidation of jurors and witnesses, the right to a jury trial in Northern Ireland was suspended for certain terrorist offences in 1972, and the so-called "Diplock courts" were introduced to try people charged with paramilitary activities. Diplock courts are common in Northern Ireland for crimes connected to terrorism. Administration of the courts is the responsibility of the Northern Ireland Courts and Tribun ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as t ...
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