Introduction to strategic litigation

BOOKINGS FOR THIS EVENT ARE NOW CLOSED.

With the UK potentially emerging from a truly challenging period for access to justice and the rule of law, PLP and others revisit strategic litigation.  What does it mean, what can it achieve and how do you go about it?    

The term ‘strategic litigation’ concerns the decision to go to court, or to support certain legal cases, where these cases could secure significant changes in the law, practice and policy,  or public awareness around an issue. They are ‘wide effect’. This training day aims to familiarise participants with history, definitions, practice and common features around strategic litigation. Most of the emphasis will be around its use by NGOs.  

Who is the event for? 

• NGOs with legal teams, including advisers
• Civil society organisations including funders
• Lawyers new to strategic litigation, especially those working with, or intending to work with, NGOs

What you will gain 

• Understand the history and practice of strategic litigation
• Identify and work with clients (including NGOs)
• Distinguish between what you can control and what you can’t
• Evaluate enablers and barriers to strategic litigation
• Position legal strategy and strategic litigation within a theory of change

Ticket pricing 

• Standard ticket (public bodies, anyone in private practice): £129

• Discounted tickets (NGOs, trainees, pupils): £95

This is an in-person event.

Programme

Morning Chair: Victoria Pogge von Strandmann, Public Law Project

9:30-10:15: What is strategic litigation?

• Dr Jacqui Kinghan, University of Glasgow

10:15-11:15: NGO perspectives on developing cases

• Sonal Ghelani, Asylum Aid
• Rakesh Singh, Public Law Project
• Martin Williams, Child Poverty Action Group
• James Wilson, Detention Action

11:15: Break

11:30-12:00: Where does legal strategy, and specifically strategic litigation, fit in a theory of change?

• Martha Spurrier

12:00-13:00: Breakouts. Please select one.

1. Third-party interventions

Third party interventions offer a unique opportunity for organisations, especially NGOs, to influence the outcome of judicial review, and in some cases, other courts / jurisdictions.   This seminar will look at a basic how and why, and at common issues faced by interveners.

• Chair: Aoife O’Reilly, Public Law Project
• Charles Bishop, Landmark Chambers
• Abigal Hamer, EHRC (joining virtually)
• Monique Hawkins, the3million
• Christine Iacono, Herbert Smith Freehills

2. Funding strategic legal cases

This session will look at different funding methods available for strategic legal cases, including crowdfunding.

• Acland Bryant, Garden Court Chambers
• Paul Clark, Garden Court Chambers
• Helen Fry, Bates Wells
• Chris Johnston, CrowdJustice
• Stephen Kinsella, Law for Change

3. Systemic cases

This seminar looks at judicial review claims challenging ‘unfairness inherent in the system itself’ that may give rise to an unacceptable risk of procedural unfairness (or similar cases).  Our panellists will discuss the threshold for proving systemic claims, relevant legislation (such as The Human Rights Act, PSED), how to evidence such claims, and at current judicial approaches to policy challenges of a similar nature.

• Chair: Matthew Court, Public Law Project
• Adam Hundt, Deighton Pierce Glynn
• Clare Jennings, GoldJennings
• Conor McCarthy, Monckton Chambers

13:00: Lunch

14:00-14:30: Client-centered approaches and client care

• Unkha Banda, Deighton Pierce Glynn
• Theresa Schleicher, Medical Justice

14:30-15:30: What you can’t control, what you can do about it, and post-judgment implementation

• Tom Royston, Garden Court North
• Saba Shakil, Public Law Project
• Kezia Tobin, the3million

For any queries about ticketing or the programme, please email Amelie Godfrey.