Reviews: Tribunal Practice and Procedure (1)
“From the Legal Action Group....”
(Paperback)
THE DEFINITIVE GUIDE TO TRIBUNAL PRACTICE AND PROCUDURE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
If you’re a practitioner preparing a case for a tribunal or representing a client at a tribunal under the new integrated system, ‘Tribunal Practice and Procedure’ is the guide for you. Recently published by the admirable Legal Action Group (as of 11 March 2011), this is the most comprehensive and authoritative guide available, to the new integrated system which now pertains to all types of tribunals, from employment through to immigration.
The new integrated tribunal system was of course created by the Tribunals, Courts and Enforcement Act 2007, enacted in response to the then pressing need to rationalize and harmonise the former ‘hotchpotch’ of different rules which governed a variety of different tribunals. Now that the new system is firmly in place, the intention of Edward Jacobs’ book is to provide a structured approach to – and a detailed understanding of it.
Jacobs points out that the rules of procedure under the Act are broadly identical (for the most part) for the whole of both the Upper Tribunal and the First-tier Tribunal. Rather than providing a step-by-step guide to the Rules – which are reasonably easy to follow -- the book endeavours to provide ‘a context and a framework’ within which the Rules can be applied.
Since we reviewed the first edition, this new second edition takes full account of the many additional changes in the tribunal structure since publication of the first edition in 2009, together with the amendments to the rules of procedure. The book analyses key procedural decisions are analysed and practical advice is offered, not merely for practitioners, but for tribunal members (whose stance needs to be objective and neutral) as well as those who find themselves appearing before them.
Jacobs, is one of the founding judges of the Upper Tribunal, assigned to the Administrative Appeals Chamber and ideally placed -- and certainly expert in advising on all aspects of the tribunal process, including, for example, obtaining and assessing evidence to writing decisions and applying for adjournments, as well as advocacy techniques. We found the section on Appeals particularly illuminating as is the chapter on evidence.
Copiously footnoted, the book contains a detailed index and, as you would expect, tables of cases, statutes, statutory instruments and a table of European and International legislation. The appendices include the 2007 Act itself and The Tribunal Procedure (Upper Tribunal) Rules 2008.
The author points out that the Act applies to England the text does refer to certain differences -- mainly of terminology -- in Wales, Scotland and Northern Ireland. The book would therefore be useful for practitioners and interested parties in all UK jurisdictions.
‘A major contribution to this developing area of law,’ says Lord Justice Carnwath in the Foreword of this important work – and so it is. If you are in any way involved in tribunals, or expect to be, this book from LAG is a must-have purchase.
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Tribunal Practice and Procedure
Non-Fiction, Business, Finance & Law, Law, Education
Edward Jacobs (author)
Paperback Published on: 29/10/2014
Price: £60.00

