1 / 12

Challenging the cuts through strategic litigation

Challenging the cuts through strategic litigation. What is Public Interest Litigation?. PIL is a way of using the law to help vulnerable and disadvantaged groups/individuals . Impact on more than one person Being strategic: - combining tactics - working with others.

gerda
Download Presentation

Challenging the cuts through strategic litigation

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Challenging the cuts through strategic litigation

  2. What is Public Interest Litigation? • PIL is a way of using the law to help vulnerable and disadvantaged groups/individuals. • Impact on more than one person • Being strategic: - combining tactics - working with others

  3. Opportunities PIL can offer • Raise awareness of rights and generate public debate • Ensure government/public authorities meet their obligations • Challenge laws/policies/decisions/practices that violate human rights • Support existing work • Strategic use of resources

  4. Legal grounds for challenging budget cut decisions • Equality duty • Judicial Review grounds • Human Rights Act • Domestic laws/policies

  5. Judicial Review • Judicial Review: where the court reviews the legality of acts/decisions/policies of bodies exercising public functions • Usually public authorities • Last resort • Alternative remedies

  6. Grounds for Judicial Review • Illegal • Irrational • Procedurally unfair

  7. Considerations in JR • Standing • Time limits • Alternative remedies

  8. Role for you in Judicial Review • Identify a case • Sponsor NGO (apply to PILS for support) • Third party intervener • Provide a witness statement in a case • Support a case through campaigning, policy work, lobbying, public education

  9. Judicial Review remedies • The public body may be ordered to do something or not to do something • The decision may be quashed • A declaration of rights/obligations can be made by the court • Injunctions can be granted • Compensation is rare

  10. Be strategic! Consider: • Issue and public authorities duty • What your aim is? • Can law help you achieve your aim? • What is the best case to take? • What the impact may be? Involves a risk analysis

  11. Practical tips • Keep records/gather evidence • Discuss ideas and options with others • Get early legal advice • Strategise/plan your case

  12. Contact Details Melissa Murray Project Manager and Solicitor The PILS Project Address: Arthur House, 41 Arthur Street, Belfast, BT1 4GB Tel: 028 90446201 Email: melissa@pilsni.org

More Related