Doughty Street Chambers Actions Against the Police Team

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 CAs 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