Victimisation or not victimisation

[Openlaw15]

Re: Victimisation or not victimisation

That's all a matter of opinion. :tinysmile_twink_t2:

Similarly and ultimately, Judges are exercising theirs when enforcing the law and it seems they can't even agree with each other as judgments are quashed all the time.

Even the House of Lords made a real mess of Parliament's intent under the DDA 1995 and the concept of disability-related discrimination i.e. in the case of Lewisham LBC v Malcolm [2008] UKHL 43.

Arguably, the judiciary made such a complicated mess of the various anti-discrimination laws that Parliament felt obliged to harmonise everything under one Act.

Common sense = good sense and sound judgement in practical matters. Is that not we rely on our judiciary to have? :tinysmile_twink_t2:

Perhaps it comes down to whose or which counsel argues the best for their client as to the effect that that decision has on future cases. The EU is responsible for the Equality Act too...ie principal of proportionality and legitimate aim are EU provisions that come from EU Treaties.

[heisenberg]

Re: Victimisation or not victimisation

Perhaps it comes down to whose or which counsel argues the best for their client as to the effect that that decision has on future cases. The EU is responsible for the Equality Act too...ie principal of proportionality and legitimate aim are EU provisions that come from EU Treaties.

Indeed. So if you are poor and unrepresented (like me) you are in a very vulnerable position particularly as judges are mindful that a represented party is more likely to present a successful appeal than a LiP. Also, as charitynjw has correctly mentioned, you are lucky to get a word in as a LiP in the first instance.

One wonders what will happen if the UK leaves the EU - I suspect the statute will be in tatters.

[Openlaw15]

Re: Victimisation or not victimisation

Indeed. So if you are poor and unrepresented (like me) you are in a very vulnerable position particularly as judges are mindful that a represented party is more likely to present a successful appeal than a LiP. Also, as charitynjw has correctly mentioned, you are lucky to get a word in as a LiP in the first instance.

One wonders what will happen if the UK leaves the EU - I suspect the statute will be in tatters.

If you're an LIP and you are not getting a word in, ask the judge why is it that a disabled person such as your self in a free country with democratic institutions such as courts and the rule of law is not being afforded a fair hearing. Is Thomas Bingham's lecture on the rule of law and allusions to democracy just rhetoric? I wouldn't say this in court but perhaps in writing to the judge.

[heisenberg]

Re: Victimisation or not victimisation

If you're an LIP and you are not getting a word in, ask the judge why is it that a disabled person such as your self in a free country with democratic institutions such as courts and the rule of law is not being afforded a fair hearing. Is Thomas Bingham's lecture on the rule of law and allusions to democracy just rhetoric? I wouldn't say this in court but perhaps in writing to the judge.

Haha... I would probably get the Judge's back up if I tried that. Seems a case of damned if you do and damned if you don't....

[wales01man]

Re: Victimisation or not victimisation

I think we all feel the same way about justice for those unable to pay for a good Solicitor or barrister as far as im concerned its a old boys and girls exclusive club unless you are willing to fight almost to the death against an ancient system of them and us forget it

[heisenberg]

Re: Victimisation or not victimisation

I think we all feel the same way about justice for those unable to pay for a good Solicitor or barrister as far as im concerned its a old boys and girls exclusive club unless you are willing to fight almost to the death against an ancient system of them and us forget it

You're almost beginning to sound as bad as me. :tea:

[charitynjw]

Re: Victimisation or not victimisation

See no evil?

[heisenberg]

Re: Victimisation or not victimisation

See no evil?

See no justice too. out:

[Openlaw15]

Re: Victimisation or not victimisation

Haha... I would probably get the Judge's back up if I tried that. Seems a case of damned if you do and damned if you don't....

On the contrary, it's how you word things, if you go in all guns blazing you'll have no sympathetic ear. Smile, be courteous... show respect to the judge, the court staff, the lawyers. Being assertive does not mean being unpleasant, antagonistic, emotional. The rule of law is live but the LIP generally does not know or understand that it is a basic constitutional right in free countries with democratic institutions? How do you think disability including equality law comes about, by persuasion over the course of time.

[heisenberg]

Re: Victimisation or not victimisation

On the contrary, it's how you word things, if you go in all guns blazing you'll have no sympathetic ear. Smile, be courteous... show respect to the judge, the court staff, the lawyers. Being assertive does not mean being unpleasant, antagonistic, emotional. The rule of law is live but the LIP generally does not know or understand that it is a basic constitutional right in free countries with democratic institutions? How do you think disability including equality law comes about, by persuasion over the course of time.

Duly noted.