Tribunal Reform in the UK: Precedent and Reporting in the New Unified Structure
10 Pages Posted: 8 Jul 2007
Date Written: June 2007
Abstract
This paper explores the role of precedent and reporting in the UK's tribunal system. Though there is much literature relating to the doctrine of precedent and legal reasoning in relation to the courts, far less attention is paid to these issues in respect of tribunals. The paper outlines the findings from a funded research project which involved the interviewing all the main tribunal Presidents in the UK in addition to some advice service personnel in a number of tribunal jurisdictions. There are at least two contested questions raised in the research. Firstly, the merits or otherwise of producing so-called 'factual precedents' in the tribunal sector; for example, 'Country Guidance' cases in the immigration and asylum jurisdiction; and secondly, the mechanisms chosen to select cases of more authoritative status. As regards reporting in the tribunal sector, practice has been variable and on occasion user access to reported decisions has been difficult in some jurisdictions. However, the almost infinite storage capacity of electronic media, though increasing user access, may also tend to produce over-citation in some jurisdictions. This paper further discusses the direction for the future development of a more coherent system of precedent and reporting in the tribunal sector in the context of the government's reorganisation under the Tribunals, Courts and Enforcement Bill 2007 into a 'First-tier Tribunal' and an 'Upper Tribunal'.
Keywords: tribunals, justice, reporting, administrative justice
JEL Classification: K23
Suggested Citation: Suggested Citation