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Composition of tribunals and procedure
1. A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.
2. The intention of tribunals was to provide a less formal proceeding in winch claimants could lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal – where an employer appears to not be acting in a reasonable way in removing an employee – could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn.
3. The costs of the hearing are borne by the public purse that is, paid from tax revenue but legal representation is at the cost of each party. Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case.
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What can the Tribunal take into consideration before making a decision in a special case?
It can take into considerations the decisions of lower courts.
It can take into considerations the decisions of higher and lower courts.
It can take into considerations the decisions of the witnesses of the court.
It can take into considerations the decisions of higher courts.