The High Court has today dismissed a judicial review seeking the extension of Qualified One-Way Costs Shifting (‘QOCS’), a form of costs protection, to discrimination claims in all civil courts. Mr Justice Cavanagh held that the Lord Chancellor had not breached the public sector equality duty (‘PSED’) in his consideration of the question whether to extend QOCS (or some other form of costs protection), and that the present legal position with regards to costs protection was compliant with Articles 6 and 14 ECHR.
The judgment deals with a number of important issues on the ambit of the PSED, the correct approach to ECHR challenges to legal expenses systems, and the UN Convention on the Rights of Persons with Disabilities. It is available here.
Jonathan Auburn and Rupert Paines acted for the successful defendant, the Lord Chancellor.