Court of Appeal Barrister Help thanks.

[rickierich]

I have a really obscure essay to write relating to Public Law.

It relates to what and when can you use Public Interest in Civil Matters. I have read http://publicinterest.info. And all public interest seems to relate to Public Authorities. I am concerned about the idea of Public Interest against private individuals and organisations. Is it even legal, or should it be presumed that it is not possible.


I need to make a public interest argument as relates to unpaid labour, performed by the unemployed in private organisations. Through the promise of work, or reward of some kind.


Quote.
Forced or Compulsory Labour
.The ECHR in the case of Van der Mussele 8919/80 affirmed that the ILO conventions were the starting point for interpreting Article 4. The conventions, defined forced or compulsory labour as being 'all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily'. To that end, the section 71 offence will require an element of coercion or deception between the defendant and the victim.


http://www.cps.gov.uk/legal/s_to_u/s...ry_labour/#a01


I am trying to ascertain the merits of arguing that this is a case that should be made in the Courts of Appeal as opposed to County Court so as to avoid ambiguity concerning what can be constituted as voluntary or not. When does voluntary stop being voluntary. Also deception and coercion clarification, not to mention that penalties are clearly defined. So using civil proceedings, with what is essential perceived as criminal law. Seems cloudy at best. I probably should have chosen an easier essay, but this is more interesting.

[enquirer]

Re: Court of Appeal Barrister Help thanks.

Far too vague.

[rickierich]

Re: Court of Appeal Barrister Help thanks.

Far too vague.

Ok a company hires someone for a work trial that is suppose to last a week, they agree that the person is to work for the company.
In exchange for work something of value is offered.
Now lets say they decide they do not want the person to work for them but rather than telling them they continue to receive services leading the person to believe that they will in fact get something out of it. When really they will not as they have decided that they are not going to be involved with the person.

Now the work is not voluntary because the person thought they were going to get some form of work from it, and it was suggested that they were going to get work out of it.

This constitutes servitude, as coercion and deception can be shown. The person did not offer themselves voluntarily as they believed they would be receiving work or something of value. Employment law is not relevant.
Slavery and Servitude law comes with prison/penalties. It may become apart of the greater Public Interest to prevent such things from happening. Now this is were it gets difficult as the police investing crimes and decide if it serves the public interest to prosecute.
The civil appeals court allows you to bring public interest cases, but it is more civil law in nature.
So can you use Slavery and Servitude laws to make a public interest argument as to the legality of the case study shown above. The real question might be can you use criminal law in civil courts and if you can't. Should the slavery and servitude law be seen as entirely criminal law. ECHR violations can be dealt with in british courts. Its possibly a jurisdiction thing.