Challenging the cuts through strategic litigation.

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Presentation transcript:

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

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

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

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

Grounds for Judicial Review Illegal Irrational Procedurally unfair

Considerations in JR Standing Time limits Alternative remedies

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

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

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

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

Contact Details Melissa Murray Project Manager and Solicitor The PILS Project Address: Arthur House, 41 Arthur Street, Belfast, BT1 4GB Tel: