Chapter 17 Self-test questions

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An individual who wishes to challenge a decision not to grant them a welfare benefit can apply to a tribunal; the success rate of such cases is around 60%.

True correct incorrect

False correct incorrect

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There are around ten tribunals operating in the UK.

True correct incorrect

False correct incorrect

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Which three values, according to the Franks Report of 1957, should Tribunals promote? Select all that apply.

Openness correct incorrect

Fairness correct incorrect

Impartiality correct incorrect

Equality correct incorrect

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Unlike courts, most tribunals can employ fact-finding powers.

True correct incorrect

False correct incorrect

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Which of the following can be regarded as an advantage of tribunals over the ordinary courts in resolving disputes? Select all that apply.

They tend to be more accessible. correct incorrect

They tend to hand down more generous damages. correct incorrect

They tend to be more efficient. correct incorrect

They tend to be less expensive. correct incorrect

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The Leggatt Report suggested three tests to determine whether tribunals rather than the courts should decide cases in any particular area. Which of the following form part of the test? Select all that apply.

The possibility of direct participation by tribunal users. correct incorrect

The need for special expertise. correct incorrect

The need for independent adjudication. correct incorrect

The need for expertise in administrative law. correct incorrect

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The work of tribunals can be modified by Parliament. In 2014, the jurisdiction of immigration tribunals was cut back. Which measures were put in place?

The number of grounds arguable before a tribunal in this field was reduced significantly. correct incorrect

A statutory presumption against allowing immigration appeals was introduced. correct incorrect

A strict time limit was put in place for lodging immigration appeals. correct incorrect

A statutory rule was put in place requiring anyone appealing to an immigration tribunal to show that they have suffered 'significant injustice'. correct incorrect

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Tribunals in the United Kingdom have always been structurally independent.

True correct incorrect

False correct incorrect

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The report which recommended significant reform of the UK's tribunal structure, which was ultimately accepted by the government, was the _____ Report..

Your response

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Who is responsible for making recommendations concerning the appointment of tribunal members?

The relevant Secretary of State for the primary department over which the tribunal primarily concerns correct incorrect

The Lord Chancellor correct incorrect

The Prime Minister correct incorrect

The Judicial Appointments Commission (JAC) correct incorrect

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Following reform in 2018, which body is responsible for oversight of the UK tribunal system?

Administrative Justice Council (AJC) correct incorrect

Tribunal Justice Council (TJC) correct incorrect

Council on Tribunals (COT) correct incorrect

Justice and Accessibility and Committee (JAC) correct incorrect

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Before applying to a tribunal, most individuals must first seek redress through internal review mechanisms. Which of the following statements apply to such mechanisms? Select all that apply.

They are more costly than tribunals. correct incorrect

They are less regulated than tribunals. correct incorrect

They are not as independent as tribunals. correct incorrect

They deal with more cases than tribunals. correct incorrect

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The Leggatt Report recommended a particular way of conducting tribunal hearings, beyond the binary of adversarial or inquisitorial hearing modes. It preferred the ________ approach.

Your response

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Which of the following statements most accurately describes the system of legal aid in the tribunal system.

Legal aid is granted to any applicant who needs it. correct incorrect

Legal aid cannot be claimed for tribunal applications. correct incorrect

Legal aid can only be claimed in certain areas, such as when appealing an asylum or detention decision. correct incorrect

Legal aid can only be provided for claims made to the Upper Tribunal, but not the First-Tier Tribunal. correct incorrect

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All tribunal hearings take the form of oral hearings.

True correct incorrect

False correct incorrect

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When can a decision of the Upper Tribunal be contested by appealing to the Court of Appeal?

If the case raises some important point or if there is a compelling reason for the appeal to be heard. correct incorrect

If the claimant appeals on the basis of a perceived error made by the Upper Tribunal in their case. correct incorrect

If the case involves a precedent in a case handed down by the Court of Appeal. correct incorrect

It is never possible to appeal to the Court of Appeal against a decision made by the Upper Tribunal. correct incorrect

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Tribunal decisions can be appealed to the Court of Appeal. But why might that court show deference to the original tribunal decision in some cases?

The tribunal judges have significant expertise. correct incorrect

The 2007 Act requires them to do so. correct incorrect

Tribunals are judicial in nature. correct incorrect

To do otherwise risks undermining judicial independence. correct incorrect

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If the Upper Tribunal refuses permission to appeal from the First-Tier Tribunal, this decision cannot be made subject to judicial review.

True correct incorrect

False correct incorrect