Guidance & resources
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January 20, 2016
Listening and asking questions – Parry
A succinct guide to ways of obtaining information and showing understanding by listening and questioning techniques, including the use of silence, rephrasing and different types of questions.
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January 20, 2016
Finding facts and weighing evidence – Bano
How to deal with different sources of evidence, including oral and expert evidence, dealing with conflicting evidence, assigning weight to evidence and ensuring that the tribunal’s conclusions are based on the evidence as a whole.
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January 20, 2016
Weighing the evidence – Mullan and Wilton
How a tribunal should obtain and assess the relevant evidence and make findings of fact on it
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January 20, 2016
Dealing with vexatious litigants- Auerbach
Considers the powers of courts and tribunals to bring vexatious proceedings to a close. The article is primarily concerned with claimants in the Employment Tribunal.
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January 20, 2016
A light that illuminates the obscure (expert evidence) – Hinchliffe
A wide-ranging review of how tribunals may make use of and test expert evidence and the problems arising. Limitations on deployment of the tribunal’s own expertise, such as the medical member in the mental health jurisdiction.
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January 20, 2016
Giving effect to the overriding objective – Blake
A case note on MA v Secretary of State for Work and Pensions [2009] UKUT 211(AAC), in which the Upper Tribunal gave guidance on how to apply the overriding objective of dealing with cases fairly and justly. The tribunal’s refusal of an adjournment was upheld on appeal. Applying the overriding objective often involves a balancing exercise between competing considerations. Considers the issues involved in such an exercise.
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January 20, 2016
Inquisitorial interventions – Bano
An overview of the historical origins of the inquisitorial character of tribunals. Reviews the reasons for the 2001 Leggatt review’s conclusions that “the tribunal approach must be an enabling one”, without going so far on any side that the tribunal’s impartiality may appear to be endangered.
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January 18, 2016
Chief Coroner’s Guidance No.22 Pre-Inquest Review Hearings
This guidance has been produce to assist Coroner's in ensuring that Pre-Inquest Review Hearings are managed effectively, efficiently and openly
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January 18, 2016
Chief Coroner’s Law Sheet No.5
The key elements of the exercise of the coroner’s discretion
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January 16, 2016
Chief Coroner’s Guidance No.16 Deprivation of Liberty Safeguards (DoLS)
This guidance concerns persons who die at a time when they are deprived of their liberty under the Mental Capacity Act 2005 (MCA 2005)