Costs protection in discrimination claims: Call for Evidence

Overview

In this Call for Evidence, we are seeking views and evidence on the current arrangements for bringing discrimination claims under the Equality Act 2010 in the civil courts in England and Wales and, specifically, whether costs protection should be extended to discrimination claims, to inform our ongoing decision-making process on this issue.

MOJ has been considering the costs arrangements in respect of discrimination cases since before the 2019 Post-Implementation Review (PIR) of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, and now seeks the views of stakeholders to help improve our understanding.

This Call for Evidence seeks data and evidence to establish whether there is an issue which requires addressing. It then explores different models of costs protection which might be suitable for discrimination cases, as well as other options to deal with a case outside of court, such as alternative dispute resolution.

Although we have asked some specific questions in relation to disability claims in this Call for Evidence, the government remains mindful of impacts on other protected characteristics. Most of these claims will fall to be determined in the county court, but some may be appropriate for the High Court. This Call for Evidence is not directly concerned with tribunal cases, where different rules apply.