Thanks for your posting.
I have been representing for many years now and my confidence is at an all time low due to the approach adopted by the local venues here in Stratford, East Ham and Enfield. It is the same tribunal members day in day out, with complete control of the tribunal from the start. Some chairs will not allow me to interrupt at all and will suggest I make my comments at the end by which time it is a fruitless and token exercise. Others have made up their minds on a case as we get into the room, so any new issues are raised are quickly brushed aside. Clear cut cases have been lost and then successfully taken at Commissioners level. The main issue is adversarial Vs. Inquisitorial. As I understand it, tribunals have a duty to remain inquisitorial, but they have started to adopt an adversarial approach, which is more of a cross-examination approach rather than enquiring about issues. The lay members are not much help either and most of my cases are now ending up at the Commissioners where there is a much more sympathetic reponse. The battle goes on, and it really is an uphill struggle.
Hope this helps.
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