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Domestic Tribunals

 


Somewhat akin to administrative tribunals are the domestic tribunals associated with many professions and trades.
These tribunals exercise judicial or quasi-judicial functions over their members.
Some such tribunals, varying from the Disciplinary Committee of the Law Society to the Milk Marketing Board, are established by statute, others by contract between members of a particular body; for example, if a person joins a Chartered Insurance Institute he agrees to be bound by its Charter and Bye-Laws including provisions which may in certain circumstances result in disciplinary action being taken against him.
The precise circumstances in which a person may be disciplined and the procedure to be followed are laid down by the statute, charter or other relevant document, but certain general principles usually apply.
If, for example, a body operating under a Royal Charter proposed to take action against one of its members for unprofessional conduct the Charter would usually provide that:
-a special meeting of the disciplinary committee of the governing body must be called to hear the complaint;
-the person against whom accusation of misconduct is made must be given a reasonable opportunity of attending the meeting either himself or by his representative (usually a lawyer);
-he has a right to call witnesses on his own behalf and to cross-examine witnesses called against him;
-if he is found guilty, he has a right of appeal.

The Charter will also provide what penalties may be imposed, for example, a reprimand or suspension or expulsion from membership.
In the case of bodies established by statute, there may be provision for an appeal from the disciplinary body to the ordinary courts.
Like administrative tribunals, all domestic tribunals are governed by the ultra vires doctrine, and an aggrieved person may appeal to the ordinary courts on the grounds that the tribunal acted ultra vires or has not observed the principles of natural justice. If the court is satisfied that the allegation is well-founded it can grant an injunction to prevent the tribunal from implementing the decision which it has made, or give a declaratory judgment indicating the legal position of the parties.

See Also :
Tribunals

 

 

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UK LEGAL - DOMESTIC TRIBUNALS
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