Equalities watchdog revamps strategic litigation policy, names panel of counsel

The Equality and Human Rights Commission has launched a revised strategic litigation policy following a consultation.

The watchdog has also named 81 barristers, advocates and solicitor advocates to the panel it calls on for advice and representation.

The revised strategic litigation policy lists the factors to be considered by the EHRC when using its statutory powers.

In total there were 212 respondents to the EHRC's consultation and a report on the outcome can be viewed here.

The EHRC said: “Some of the relevant considerations in deciding whether the Commission should engage in litigation include whether and to what extent the issue has the potential to help prevent a breach of human rights law or of the Equality Act 2010 by setting a precedent or by raising public interest concerns.

“Other factors include the chances of a case succeeding. The Commission will not normally support cases where the prospects of this are less than 50%. The Commission will also consider whether litigation is the most appropriate means to address the issue.”

A full list of those appointed to the EHRC panel can be viewed here. The panel will operate as a framework agreement for up to four years.

Rebecca Hilsenrath, the EHRC’s Chief Legal Officer, said: “The Commission promotes and enforces the laws that protect everyone’s rights to fairness, dignity and respect and we are very much looking forward to working to that end with our new panel of legal counsel. The panel was appointed as a result of a robust, transparent and highly competitive process, and will provide a key resource of expertise in equality and human rights law.

“This is an important time for us as we start to implement our revised strategic litigation policy. We are very grateful to all of the respondents whose input during the consultation process was invaluable.”