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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Tribunal Practice and Procedure: Tribunals under the Tribunals, Courts and Enforcement Act 2007 5th ed isbn 9781912273089

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

ISBN13: 9781908407726
New Edition ISBN: 9781912273089
Previous Edition ISBN: 9781908407450
Published: October 2016
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: Out of print

In stock.

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.

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