Courts and Tribunals - What's the Difference?

Let’s find out more about tribunals and what sets them apart from the rest of the court ‘system’.

The terminology of the English legal system can be challenging to understand; that’s because it’s the result of hundreds of years of change. One common question our clients often ask us is about tribunals. They thought they would be going to court and they want to know why it’s now a tribunal. They also want to know what the differences are. Let’s find out. 

Types of case resolved

In most cases, when you start legal proceedings against someone or something, you take them to court. The court system has a structure, with the size and importance of the court depending on the nature and value of your dispute. For example, for a claim of small value, you will probably use the local County Court, while for a complex legal dispute that has a bearing on your company’s future, you may find yourself in the High Court.

Tribunals only offer resolution in certain areas. Employment Tribunals are the type that most people have heard of, but there are also tribunals around property, tax, immigration and government regulation.

Resolution of cases

When you take a legal case through the court, the judge will award the case to one side or the other, with money being ordered to be paid if the Claimant’s claim is successful. The court will also decide who pays for the costs but usually the victor in a claim can expect to receive an Order to recover between 60-75% of their legal costs.  The exception to this rule is in the Small Claims Track of the Courts, where unless one party has behaved particularly unreasonably, both parties will pay (and cannot recover) their own costs. 

With a tribunal the parties shall generally meet (and cannot recover) their own costs.  Tribunals are generally there for individuals to pursue rights rather than companies or other bodies. Since 2017, there has been no chargeable fee to take a case to the Employment Tribunals, whereas in the Courts a fee does have to be paid.  The government are currently considering whether to reintroduce fees into the Employment Tribunals.

Informality

Tribunals were originally devised with the intention that they should provide a more informal atmosphere than the Courts for individuals to pursue, or enforce, their rights.  In reality, there is now little distinction between the Employment Tribunals and the Courts.  They both fall within the jurisdiction of Her Majesty’s Court and Tribunals System of England and Wales. 

People who preside over Employment Tribunals are now called Employment Judges and there are, sadly, as long delays to hear claims in the Employment Tribunals as there are in some Courts.  In some Employment Tribunal cases, such as discrimination claims, the claim will be heard by an Employment Judge and two lay members, whereas in most civil Courts, there is just one Judge to hear a claim.

One distinction is that in the Employment Tribunals an Employment Judge will have more scope to ask questions themselves and to test the evidence, whereas in the Courts the judge’s roll is usually to consider the evidence that is provided by each party (or their legal teams).

In both the Tribunals and the Small Claims Track of the Courts, there is more scope for Claimants or Defendants to represent themselves.  However, statistics show that parties that represent themselves have a lower probability of success.

If you’re thinking of beginning legal action, you need an experienced lawyer to guide you through the maze. At Couchman Hanson, our solicitors genuinely care about getting the best deal for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits our values of integrity, honesty and authenticity.

If you would like to find out more, call Couchman Hanson on 01428 722189.