The DLA has submitted a response to the MOJ’s Call for Evidence on costs protection as drafted by the specially constituted working group led by Catherine Casserley.
In its submission, the DLA said:
DLA welcomes the opportunity to contribute to this consultation, as our members have shared with us their significant concerns regarding the difficulty that both individuals and legal professionals have in securing access to justice for those who have experienced discrimination in non employment situations.
Whilst such incidents remain commonplace for many with protected characteristics, taking up claims in such situations remains extremely difficult and often presents barriers to those who are already facing discrimination and exclusion. Time limits are relatively short – 6 months – and the paucity of legal aid, coupled with an absence of solicitors who will work in this field because of the difficulty in securing support for clients – means that these cases are simply not pursued. The provisions of the Equality Act 2010 are not being used to their full effect – if at all in some circumstances - and, whilst legislation alone will not eradicate discrimination, it is and can be effective in raising awareness of the barriers faced and in producing society wide change. We consider that the legal aid currently available is insufficient but we say nothing further about that, focussing instead on costs protection for the purposes of this consultation on costs protection.
Survey
DLA conducted a survey of our members to establish a picture, where we could, of the experience of those who represent claimants and/or who are litigants in person, bringing, or trying to bring, claims. We collected information from people on the basis that we would keep their personal data confidential.
Our respondents were split between litigants in person and professionals, both barristers and solicitors. Of the litigants in person, over half had to abandon their cases. Overwhelmingly, our respondents supported the introduction of qualified one way costs shifting. This would provide security for litigants; encourage take up of this work by more solicitors; and as a result assist in the societal progress that the equality legislation was introduced to facilitate.
You can find the full text of the DLA's submission in the attached PDF.