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.
