, a major new practitioner text on the practice and procedure of the administrative tribunal system, is available online
or in print and is the most comprehensive work on this topic.
"This book is most welcome and timely and will be an essential aid to the ever increasing number of lawyers involved in administration law ..."
Professor John Angel
Former President of the Information Tribunal and first acting President of the GRC in the FTT read more reviews
Logically organised, it enables you to easily find authoritative answers to all procedural issues arising in any of the Tribunal’s chambers.
The work takes account of important changes to the tribunal system including the expansion of the General Regulatory Chamber, the revision of the tribunal procedural rules, and the Supreme Court decisions in R (Cart) v Upper Tribunal
and Eba v Advocate
General for Scotland, as well as comprehensive coverage of all decisions which touch upon procedure in the new tribunals.
The book contains:
- Detailed commentary from leading practitioners in the field, drawing on their extensive experience of tribunal and public law work
- A step-by-step guide covering every practice issue that might arise before a Tribunal, from how to initiate an appeal, to seeking a witness summons. Each step is referenced to the relevant tribunal procedural rules, practice statement, practice direction and other material such as case-law
- The up-to-date text of all the major statutes and statutory instruments that govern the procedure before the Chambers of the First-tier Tribunal and the Upper Tribunal
- All major Practice Directions and Practice Statements
- Academic articles and journal references where appropriate
It is an affordable and authoritative one-stop shop for all practitioners, tribunal members and judges within the tribunal system, combining expert analysis with access to the latest version of the core materials. It is proposed to keep the work updated on a regular basis.
Part 1 – Narrative
- Chapter 1: The new system of administrative appeals tribunals
- Chapter 2: Organisation of the new system of administrative tribunals
- Chapter 3: Jurisdiction of the First-tier Tribunal
- Chapter 4: Jurisdiction of the Upper Tribunal
- Chapter 5: General Matters
- Chapter 6: Initiating an appeal in the First-tier Tribunal
- Chapter 7: Responding to an appeal in the First-tier Tribunal
- Chapter 8: The process
- Chapter 9: The hearing
- Chapter 10: Evidence
- Chapter 11: The decision
- Chapter 12: Challenging decisions of the First-tier Tribunal
- Chapter 13: Appeals to the Upper Tribunal
- Chapter 14: Judicial Review Proceedings in the Upper Tribunal
- Chapter 15: Challenging the decisions of the Upper Tribunal
- Chapter 16: Costs
- Chapter 17: Representation
- Chapter 18: Enforcement
Part 2 – Statutes
Full text of the Tribunal, Courts and Enforcement Act 2007 in consolidated form
Part 3 – Statutory Instruments
All relevant SIs appear in consolidated form
Part 4 – Practice Directions
Part 5 – Practice Statements
Part 6 – Forms
A table setting out all forms and their uses, broken down by Chamber
"if you find yourself involved in a tribunal, whether you’re a practitioner, or member of the tribunal, or a participant in any other respect, you will find this book of immense help – in fact, well nigh indispensable ... definitive work ... extensive tables of cases, statutes, statutory instruments, practice statements and practice directions ... easily navigable ... each chapter prefaced with its own individual table of contents and a detailed general table of contents at the front ... for those charged with the responsibilities of tribunal work, this is a formidable yet readable and accessible work of reference ..." Read the full review
Watch the review Phillip Taylor MBE and Elizabeth Taylor
Richmond Green Chambers
"will provide invaluable assistance to practitioners, and to the tribunals and courts ... provides an overview of the jurisdiction with detailed analysis ... exhaustively footnoted and cross-referenced, whilst remaining practically focussed ... it will be an invaluable reference to practitioners navigating the tribunal system ..." Read the full review Sarah Hannett
"comprehensive and logical approach ... jurisdiction specific procedures have been identified and clearly explained ... authoritative and up to date practice manual ... provides all relevant statutory materials including statutory instruments (with the rules of procedure), practice directions and statements and the various forms used by Chambers in both the FTT and UT. It is really useful to find all these together in one publication. It is a nightmare finding them on the newly structure judicial websites now provided by the government ... provides some critical commentary, which one would expect from such experienced authors ... book recognises the issue involved with not allowing requester’s lawyers to see closed evidence, and questions the practice ... This book is most welcome and timely and will be an essential aid to the ever increasing number of lawyers involved in administration law ..." Read the full review
Professor John Angel
Former President of the Information Tribunal and first acting President of the GRC in the FTT
"... a comprehensive and authoritative guide to the Tribunal system for advocates, judges and other tribunal members and users. 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. It provides concise and interesting background reading on the genesis and development of the Tribunal system ... The text gives you instant access to knowledge of the whole tribunals system, including jurisdictions of the different tribunals, rules of practice and procedure, costs rules, rights of appeal and judicial review. It is particularly useful if you practice in a number of legal fields ... comprehensive in terms of setting out the law and legislation ... very practical ... an invaluable tool for those requiring knowledge of the practices and approaches to the procedural issues of the tribunals system ... a major contribution to this developing area of legal practice ..."Read the full review Melanie Carter
Partner, Bates Wells & Braithwaite London LLP
"Excellent guide by two seasoned tribunal practitioners ... Invaluable practical guidance to the organisation and operation of the new tribunal structure ... Perhaps most invaluably of all from a practitioner’s perspective, Coppel and Hanif explain in detail the life‐cycle of an appeal to a tribunal ... This is useful both as an overview to the tribunal process as a whole and also as a point of reference for each discrete part of the process ... The authors have produced what will probably become the leading textbook on the current tribunal structure and an indispensable guide for those who act for both appellants and respondents alike ... The essential companion for every serious tribunal practitioner ..." Read the full review Sarabjit Singh
On 3 November 2008, the new two-tier tribunal system, established by the Tribunal, Courts and Enforcement Act 2007 came into force. The Act marked an important step in the evolution of the relationship between the executive and the individual in this country. It made into a quaternity the principal concepts that maintain the equilibrium of that relationship:
(1) the establishment of a coherent body of principles governing the supervision of the executive decision-making process – ‘judicial review’. Lord Diplock wrote of the progress that had been made in the 30 preceding years ‘towards a comprehensive system of administrative law that I regard as having been the greatest achievement of the English courts in my judicial lifetime’ (R v Inland Revenue Commissioners, ex parte National Federation of Self-Employed and Small Businesses Ltd  AC 617 at 641);
(2) the appointment of permanent office holders to investigate maladministration – ‘ombudsmen’;
(3) a universal right of access to official information not confined by subject matter, or by the persons who may exercise the right, or by some recognised need to know – ‘freedom of information’; and now
(4) the introduction of a single adjudicative body whose remit is to come up with the right decision – ‘the tribunal system’.
It is difficult to overstate the significance of these changes. We have seen in the last 60 years a growth in State activity and regulation that has exceeded what many feared. The ‘State’ which, as Professor AJ Taylor remarked, only involved itself in an Englishman’s life through the village policeman and post office, now involves itself in a person’s life from conception to cremation. The information it holds on each of us, both visual and written, could not rationally have been predicted 60 years ago. No-one could have imagined its current ability to analyse and process that information.
Yet, for most of us, most of the time, the Orwellian dystopia has not come to pass: 1984 remains a great work of fiction, not of premonition. It is not through mere acclimatisation that most of us have become reconciled to this state of affairs. Hand-in-hand with greater state involvement, there has been a transformation of the process by which the decisions of those same public bodies are scrutinised, renewed and re-taken. That greater accountability has been secured by the fundamental changes in the legal relationship between those governing and those whom they govern. The relationship is a more responsible and responsive one. And the new tribunal system forms an important part in this changed relationship.
So viewed, where it applies, the new tribunal system is to be welcomed. It recognises that in a modern democracy, a decision that directly affects the rights, liabilities or obligations of an individual should be the right one. No longer will the practitioner have to tell the puzzled client who has established that a decision was unlawful, that the new decision may still be the wrong one. The new system will undoubtedly evolve. Problems will be solved. Precedents will be set.
We hope that this book will be useful to all involved in this process – tribunal members, practitioners and lay users alike.
We are grateful to all those at Jordans’ who have assisted in the publication of this text, and in particular to Tony Hawitt.
The law in this text is up to date to 31 September 2012.
Philip Coppel QC
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