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Vol 25 No 2 Feb/March 2020

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Tribunal Practice and Procedure: Tribunals under the Tribunals, Courts and Enforcement Act 2007 3rd ed

ISBN13: 9781908407450
New Edition ISBN: 9781908407726
Previous Edition ISBN: 9781903307922
Published: October 2014
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: Out of print

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.

In the three and a half years since the previous edition, the tribunal system has continued to expand. The Property Chamber has joined the First-tier Tribunal, the jurisdictions of the Chambers comprising the First-tier Tribunal have steadily increased as new rights of appeal have been created, and the Upper Tribunal's judicial review function has been greatly expanded.

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.

Courts and Procedure
Foreword to the third edition
Foreword to the first edition
Table of cases
Table of statutes
Table of statutory instruments
Table of European legislation

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

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

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

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
Striking out and barring

13. Precedent

14. The decision
Forms of decision
Consent orders
Standard and burden of proof
Making the decision
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
Suspending the effect of a decision

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