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Doughty Street Chambers Actions Against the Police Team

INTRODUCTION/TIME LIMITS. Dealing here only with County Court claims Different sources of law: the RRA, SDA, DDA, EA and SORProcedural anomalies that may depend on the type of discrimination allegedCommon time limit: 6 months (except HRA claims)But

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Doughty Street Chambers Actions Against the Police Team

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    1. Doughty Street Chambers Actions Against the Police Team DISCRIMINATION CLAIMS AGAINST THE POLICE AND PRISONS: PROCEDURAL ISSUES Heather Williams QC

    2. INTRODUCTION/TIME LIMITS Dealing here only with County Court claims Different sources of law: the RRA, SDA, DDA, EA and SOR Procedural anomalies that may depend on the type of discrimination alleged Common time limit: 6 months (except HRA claims) But – can argue that an act is continuing over time and/or that it would be just and equitable to extend time (but cf EA different wording) Problems caused by short time limit

    3. QUESTIONNAIRES Procedure under the RRA, SDA, DDA, EA and SOR Benefits to Claimants; disadvantages to Respondents When might a prosecutor not have to answer Time limits for serving questionnaires Okpako v MPC and the scope of questionnaires

    4. THE CORRECT DEFENDANT Constructive liability The “reasonable steps” defence The Crown Proceedings Act 1947

    5. PROVING DISCRIMINATION The King v GB China Centre approach re. inferences etc The statutory reversal in the burden of proof: s.57Z RRA, but note its limitations (“social advantage” etc and Oyarce v Cheshire County Council) The CA’s guidance in Madarassy v Nomura International Plc [2007] IRLR 246

    6. ASSESSORS Provisions under the RRA Use of assessors per Ahmed v University of Oxford [2003] 1 WLR 995 Use in claims under the SDA and other strands

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