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 MurrayProject Manager and SolicitorThe PILS Project

Address: Arthur House, 41 Arthur Street, Belfast, BT1 4GB

Tel: 028 90446201

Email: melissa@pilsni.org