tribunal procedure
📖 What is tribunal procedure? Meaning and definition
Tribunal procedure outlines the formal steps and regulations that parties must follow when bringing a case before a tribunal. These procedures are set out in specific rules, such as the Tribunal Procedure (First-tier Tribunal) Rules 2013, which dictate how applications are made, how directions are issued, and how decisions are reached. For example, if a party fails to comply with directions given by the tribunal, their application or claim may be struck out under these rules.
In practice, tribunal procedure ensures fairness and efficiency in the resolution of disputes. It covers aspects like correcting respondent names, determining the validity of applications, and the process for making applications for costs. The tribunal's power to award costs, for instance, is derived from legislation like the Tribunals, Courts and Enforcement Act 2007, but the specific application of this power is guided by the tribunal's procedural rules.
For self-represented litigants, understanding tribunal procedure is crucial. It means knowing how to properly submit documents, respond to directions, and make representations, as failure to do so can lead to adverse outcomes, such as a claim being struck out. The tribunal may give parties an opportunity to explain non-compliance before making a final decision, highlighting the importance of engaging with the procedural requirements.
Decisions made by the tribunal, whether striking out a claim or determining a substantive dispute, are all made within the framework of these established procedures. This includes how applications for costs are determined, often involving directions for parties to respond and prepare bundles, and sometimes leading to a paper determination without a hearing.
📋 Requirements
- Compliance with Tribunal Procedure Rules, such as the Tribunal Procedure (First-tier Tribunal) Rules 2013
- Adherence to directions issued by the Tribunal
- Active pursuit of the claim or application
- Making representations when given an opportunity by the Tribunal
📝 Procedure
- An application or claim is made to the Tribunal
- The Tribunal issues directions for the determination of the application
- Parties are given an opportunity to make representations or respond to applications
- The Tribunal determines the application, which may include correcting names or striking out claims
- Decisions are made based on compliance with rules and directions, potentially including costs applications
💡 Examples
- A mobile home occupier's application was struck out because they did not follow the specific directions given by the First-tier Tribunal, as required by the Tribunal Procedure Rules.
- An employment claim was struck out after the claimant failed to make representations or request a hearing when given an opportunity to explain their non-compliance with a Tribunal order.
- A respondent applied for costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) Rules 2013, leading to directions for the applicant to respond and for a paper determination.
- The Tribunal corrected the respondent's name as part of its decisions, demonstrating an aspect of its procedural powers.
📚 Legal basis
- Mobile Homes Act 1983
- Tribunal Procedure (First-tier Tribunal) Rules 2013
- Tribunals, Courts and Enforcement Act 2007
❓ Frequently asked questions
What happens if I don't follow the Tribunal's directions?
If you do not comply with the Tribunal's directions, your application or claim may be struck out. The Tribunal may give you an opportunity to explain why you have not complied before making a decision.
Can a Tribunal correct mistakes in names or details?
Yes, the Tribunal has the power to correct details, such as a respondent's name, as part of its decisions within the established procedure.
What are 'Tribunal Procedure Rules'?
These are specific rules, like the Tribunal Procedure (First-tier Tribunal) Rules 2013, that set out how cases are to be conducted in a tribunal, covering everything from making applications to determining costs.
Can I be ordered to pay costs in a Tribunal case?
Yes, under certain circumstances and specific rules, such as rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) Rules 2013, a Tribunal can make an order for costs. The power to award costs is derived from legislation like the Tribunals, Courts and Enforcement Act 2007.
What does 'struck out' mean in a Tribunal case?
When a claim or application is 'struck out', it means the Tribunal has formally dismissed it, often due to non-compliance with directions, failure to actively pursue the case, or insufficient representations.
Do I need to attend a hearing for every Tribunal decision?
Not always. Some applications, such as for costs, can be determined 'on the papers' without a formal hearing, especially if directions have been given for this type of determination.