Book – Justice in Tribunals 6th Edition

Author: J R S ForbesPublisher: The Federation PressReviewer: Kate Slack

The benefit of having a copy of Justice in Tribunals to hand is most appreciated when immediately confronting a challenging issue arising in anticipation of, in a matter before, or when “appealing” from, a statutory or domestic tribunal. That is particularly the case if the issue concerns the jurisdictional limits of such decision-making bodies.

The first few chapters of Justice in Tribunals are dedicated to staking out the boundaries of judicial oversight of tribunals: statutory rights of appeal, prerogative writs or orders, judicial review and the limited causes of action that permit challenge to decisions or conduct of private tribunals. While Justice in Tribunals does not provide a comprehensive analysis of all potentially available grounds, it is a helpful organising text and a convenient jumping off point for further in-depth research, particularly, in contemplation of disputing a decision of a tribunal.

Due to its general applicability across all kinds of tribunals, there is a particular focus in Justice in Tribunals on natural justice and the rule against bias, touchstones underpinning legitimate independent decision-making concerning legal rights or entitlements of individuals.

Of practical use are the chapters concerning preliminary, but important, issues when appearing in public and private tribunals: should there be an oral hearing? Should the hearing be in public? What is the standard of proof for a disciplinary charge? Do the rules of evidence apply? Can both parties be legally represented? How far do the rules of natural justice and procedural fairness extend? Is there a duty to provide reasons and, if so, what is required for them to be considered adequate?

As disputes about administrative decisions and the way they are made continue to be a burgeoning area for litigation and intervention by the Courts, Justice in Tribunals, now in its 6th edition, is a valuable text for any public lawyer’s library.