Everyday Equality Using the Equality Act to tackle

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Everyday Equality Using the Equality Act to tackle discrimination in welfare benefits Katy Watts

Everyday Equality Using the Equality Act to tackle discrimination in welfare benefits Katy Watts Public Law Project

How to bring a claim: where? Will depend on: • What you are challenging,

How to bring a claim: where? Will depend on: • What you are challenging, and • What your client is seeking. In claims brought under the Equality Act the county court has the power to grant any remedy that could be obtained in the High Court in judicial review proceedings. Both the High Court and county court have jurisdiction to award damages

How to bring a claim: county court • County court is the primary forum

How to bring a claim: county court • County court is the primary forum for claims concerning discrimination in relation to services or the exercise of a public function: s 114 EA 2012 • Claims must be brought within six months of the date of the act to which the claim relates: s 118 EA 2012 • Conduct extending over a period is treated as done at the end of the period: s 118(6)(a) EA 2012 • Practice direction on pre-action conduct and protocols

How to bring a claim: track allocation • Value of below £ 10, 000:

How to bring a claim: track allocation • Value of below £ 10, 000: allocated to small claims track • No legal aid available (r 39(f) Civil Legal Aid (Merits Criteria) Regulations) • Fixed costs • May be possible to have a low value case allocated to the multi track, eg if expert evidence is required, or if the hearing is likely to last longer than one day

How to bring a claim: track allocation • Fast track: value between £ 10,

How to bring a claim: track allocation • Fast track: value between £ 10, 000 -£ 25, 000 and trial not exceeding one day • Multi track: Generally claims exceeding £ 25, 000 or trial exceeding one day • Legal aid available • Risk of an adverse costs order

How to bring a claim: funding • Legal aid: in scope – see paragraph

How to bring a claim: funding • Legal aid: in scope – see paragraph 43 Schedule 1, Legal Aid, Sentencing and Punishment of Offenders Act • Initial advice and assistance: CLA Gateway • Full legal representation: must meet prospects of success test (r 43 Merits Regulations) and costs benefit criteria (r 42)

How to bring a claim: other sources of funding • Equality and Human Rights

How to bring a claim: other sources of funding • Equality and Human Rights Commission: s 28 strategic litigation funding • RNIB • Conditional Fee Agreement