How does a tribunal differ from a court

Tribunals are a part of the administrative system whereas courts in general are the creation of judiciary which is entirely a separate organ. Both the courts and tribunals operate independently of each other. Although their objectives are the same yet there are major differences that establish them as separate bodies.

Tribunals are established under the administrative law, which is an offshoot of decentralization of government authorities.

Decentralization has resulted in the increased number of departments that have maximized the responsibility of government. Hence, these departments are given the authority to look after their disputes independently without any interference of courts except when the decisions are challenged in their legality. Every department has its own tribunal that deals with the specific matters related to it.

For example, a custom tribunal deals with the matters related to customs duty and trade disputes. There are other tribunals like employment tribunal, lands tribunal, pensions appeal tribunal, immigration tribunal, civil aviation tribunal etc.

Just like any court, a tribunal has a permanent establishment. As compared to a court, the proceedings of a tribunal are less formal and speedy.

Their performance is reported to the higher courts that initiate misconduct proceedings in absence of obedience to proper conduct. In tribunals, the adjudicators are selected from the organization or the department itself. Administrative tribunals run parallel to the court system.

Although administrative tribunals may resemble courts because they make decisions about disputes, they are not part of the court system. There are two significant differences between administrative tribunals and courts :. In a tribunal hearing, your case may be heard by one adjudicator sitting alone, or by a panel of several adjudicators if the matter is complicated. These adjudicators have special training and experience to conduct hearings, but they are not judges.

But, like a trial in court before a judge, the adjudicators are responsible for conducting fair hearings and making final decisions on the issues. Many cases involve individuals putting their own case, without legal assistance, so the system needs to be accessible to all.

Tribunal judges often help to ensure this, by guiding non-legally qualified parties through the necessary procedures, if necessary. There are many different tribunals, covering a wide range of different areas affecting day-to-day life. Before the hearing begins, the Tribunal Judge chairing the hearing reads the papers in the case and considers how to proceed when the hearing begins. Tribunal judges play an active role in managing tribunal cases once issued, helping to ensure they proceed as quickly and efficiently as possible.

This may include:. As many Tribunal hearings are open to the public, parties involved in a Tribunal case are welcome to arrange an early visit to the relevant hearing centre to see another appeal. This will give an insight to how the particular Tribunal conducts an open hearing.

Except in cases which involve national security or evidence of a very personal nature, tribunal cases are held in public. In many cases, no oath will be administered, and hearsay evidence can be considered.

Proceedings are relatively informal and nobody wears robes or wigs. Parties are expected to assist by following directions and providing enough copies of their relevant documents in good time, but the stricter disclosure rules for the ordinary courts may not be applied.

Occasionally, the parties will have agreed the relevant facts and it will not be necessary for the judge to hear oral evidence. The issues may concern the law to be applied or the terms of the decision or judgment to be given. The Tribunal Judge ensures that all parties have their case presented and considered as fully and fairly as possible. During the case, the Tribunal Judge or the panel members may ask questions on any point that needs clarification or which will help with his or her decision.

The Tribunal Judge also decides on all matters of procedure which may arise during a hearing.