Britain: An official handbook > 1993

JUSTICE AND THE LAW
either party to pay the whole or part of the
other’s costs.
Scotland
In Scotland proceedings in the Court of
Session or actions in the sheriff court are
initiated by serving the defender with a
summons (an initial writ in the sheriff court).
A defender who intends to contest the action
must inform the court; if he or she fails to do
so, the court normally grants a decree in
absence in favour of the pursuer. Where a
case is contested, both parties must prepare
written pleadings. Time is allowed for either
party to adjust their pleadings in the light of
what the other has said. At the end of this
period a court hearing will normally be
arranged.
In summary cases (involving sums between
£750 and £1,500) in the sheriff court a
statement of claim is incorporated in the
summons. The procedure is designed to
enable most actions to be carried through
without the parties involved having to
appear in court. Normally they (or their
representatives) need appear only when an
action is defended.
Northern Ireland
There are a number of differences between
proceedings in Northern Ireland and those in
England and Wales, for example, procedures
regarding divorce or pre-trial disclosure.
Restrictive Practices Court
The Restrictive Practices Court is a
specialised United Kingdom court dealing
with monopolies and restrictive trade
practices. It comprises five judges and up to
ten other people with expertise in industry,
commerce or public life.
Tribunals
Tribunals exercise judicial functions separate
from the courts and tend to be more
accessible, less formal and less expensive.
They are normally set up under statutory
powers which also govern their constitution,
functions and procedure. Tribunals often
consist of lay people, but they are generally
chaired by someone legally qualified.
Some tribunals decide disputes between
private citizens. Industrial tribunals, for
example, have a major role in employment
disputes. Others, such as those concerned
with social security, resolve claims by private
citizens against public authorities. A further
group (including tax tribunals) decide
disputed claims by public authorities against
private citizens, while others decide cases
concerning immigration into Britain.
Tribunals usually consist of an uneven
number of people so that a majority decision
can be reached.
In the case of some tribunals a two-tier
system operates, with an initial right of
appeal to a lower tribunal and a further right
of appeal, usually on a point of law, to a
higher one and thence to the Court of
Appeal. Appeals from single tier tribunals can
be made on a point of law only to the High
Court in England and Wales, to the Court of
Session in Scotland, and to the Court of
Appeal in Northern Ireland. There are a few
exceptions including, for example,
immigration appeals, where there is no right
of appeal directly from the Immigration
Appeals Tribunal to the courts.
The independent Council on Tribunals
exercises general supervision over many
tribunals, advising on draft legislation and
rules of procedure, monitoring their activities
and reporting on particular matters. A
Scottish Committee of the Council exercises
the same function in Scotland.
Administration of the Law
GOVERNMENT RESPONSIBILITIES
Administration of justice rests with the Lord
Chancellor, the Home Secretary, the
Attorney General and the Secretaries of State
for Scotland and Northern Ireland. The
highest judicial appointments are made by the
Queen on the advice of the Prime Minister.
The judiciary is independent, its
adjudications not being subject to ministerial
direction or control.
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