Educational
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January 20, 2016
Burden and standard of proof – Cooper
Considers the rules of evidence as applicable in tribunals by comparison with proceedings in criminal law. What is the burden of proof? What is the standard of proof? How is this affected by the more inquisitorial nature of most tribunal proceedings, compared to a criminal trial? Differences between jurisdictions are considered. Concludes that where a Tribunal deals with non-criminal proceedings the civil standard of proof (balance of probabilities) should apply.
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January 20, 2016
Handling unrepresented or poorly represented parties – Cuthbert
Tribunals should be interventionist and enabling when a party is unrepresented or their representation is poor. However, caution must be exercised, avoiding taking over a party’s case and initiating new arguments on their behalf.
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January 20, 2016
The more preparation the better (dealing with misconceptions of an unrepresented party, despite pre-hearing advice) – Williams
Helpful insights into the misconceptions that an unrepresented party may bring to a tribunal hearing
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January 20, 2016
Links that may cast doubt on objectivity – Stacey
An update on the article “When not to sit”, dealing with the implications of some recent case law. What type of relationship between a party’s representative and a tribunal member may give rise to a risk of bias? What about inappropriate noises, remarks and the expression of preliminary views by a tribunal?
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January 20, 2016
Hearing rooms – Bano
Considers how to prepare a hearing room, especially when sharing accommodation which may not have been designed with tribunal hearings in mind. Includes ensuring that the hearing room complies with legal requirements covering access for users with disabilities and for the public.
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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
Communication – Brown
A guide to the communication skills required by all tribunal members
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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
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
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.