Domestic Tribunals

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Domestic Tribunals is somewhat similar to the administrative tribunals. They are associated with many professions and trades. It is another area in which persons or groups of persons or other public agencies exercise judicial or quasi-judicial functions over others. Generally, these are disciplinary committees concerned with the regulation of certain professions and trades, some having been set up by statute (e.g. the disciplinary committee of the Law Society) and others merely by contract between members and the association concerned (e.g. the disciplinary committee of a trade union). Examples of these tribunals regulating professions are what might be referred to as the Disciplinary Committees of the Law Society, the Professional Standards Committee of the ICAEW and the Inns of Court etc. With reference to regulation of the Investment Industry and the City of London, there is the Financial Services Authority operating under the Financial Services and Markets Act 2000 and the Panel of Take-overs and Mergers, together with recognised Investment exchanges, e.g. the London Stock Exchange. Domestic Tribunals are not public authorities but private associations based on contracts. As a result, the courts cannot control the decisions these tribunals make by the process of judicial review, leading to an issue of mandatory order, a prohibiting order or a quashing order (Law v National Greyhound Racing Club Ltd (1983) (3 All ER 300) where it was concluded “It is unnecessary for purposes of this appeal to decide whether decisions of the Jockey Club may ever in any circumstances be challenged by judicial review and I do not do so. Cases where the applicant or plaintiff has no contract on which to rely may raise different considerations and the existence or non-existence of alternative remedies may then be material. I think it better that this court should defer detailed consideration of such a case until it arises. I am, however, satisfied that on the facts of this case...
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