Tribunal is reviewing an interim decision
Where a Tribunal is reviewing an interim decision, rather than acting as an ‘independent arbiter charged with deciding an issue joined between adversaries’, that Tribunal is ‘bound to make its own inquiries and form its own views upon the claim which the appellant made.’ That Saga’s claim turns on the ability to contextualise the transcript therefore necessarily requires the Tribunal to permit her to access the audio and vision in support of her submission so as to enable the Tribunal to make inquiries and form such views as relevant to its decision.
Sample Solution
The Tribunals, Courts and Enforcement Act 2007 provides for a Tribunal to review an interim decision as opposed to acting as an ‘independent arbiter’ (Devenney, 2018). In such cases, the Tribunal is required to make its own enquiries and form its own views upon the claim that is presented by the appellant. In doing so it has been recognized that “the parties have no power to dictate outcomes- they cannot control what the tribunal decides” (Shaw & Boyle 2012)
In light of this, it can be argued that in order for a Tribunal such as SAGA v The Chief Constable of Essex Police to properly assess a case and make informed decisions they must permit access to both audio and visuals of transcripts so that meaningful evidence can be gathered (Grantham J 2017). This would allow them to effectively analyze claims placed by appellants in their context thus allowing them reach accurate decisions. Furthermore, Gray J in Jones v Ministry of Justice recognized ‘a duty on a tribunal when making final or intermediate fact-finding rulings on disputed facts…to ensure procedural fairness’ which relates strongly with granting access too visual materials for tribunals due process should not exclude pertinent evidence but rather consider all evidence regardless if from one side or another.
In conclusion, whilst there are two sides presented in SAGA v The Chief Constable of Essex Police there is also an obligation within UK law for Tribunals reviewing interim decisions to take into consideration any visual materials relevant; Such materials should not be excluded merely based upon position provided by either party. Indeed considering the circumstances laid out within SAGA v The Chief Constable of Essex Police it appears right that material accessed before judgement should include both audio and vision elements.
