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Judicial review

A claim to review the lawfulness of (a) an enactment, or (b) a decision, action or failure to act in relation to the exercise of a public function. Judicial review is only available against public bodies exercising public functions and “inferior” courts.

Lay members

Otherwise known as “wing members”, these are the representatives from each side of the employment relationship (e.g. CBI and Trade Unions) who sit on many ET hearings with the judge. Together they comprise the panel.

Leading question

A question that indicates the required answer. Contrast, “You came out of your office and shouted at Mrs Green” (a leading question) with “What did you do when you came out of your office?” (a non-leading question). Leading questions are the mainstay of advocates conducting cross-examination. “Leading” a witness using leading questions is not permitted […]