The Ministry of Justice has launched a Call for Evidence on costs protection for discrimination claims, recognising that high legal costs associated with bringing a discrimination claim under the Equality Act can stand as a barrier for individuals who have been discriminated against to access justice. This Call for Evidence is seeking details and evidence of this with the view to potentially capping the costs a claimant must pay if their case is lost. The Ministry of Justice currently does not have enough evidence to substantiate this. Therefore, it is:

• Seeking data and evidence on the extent of the issue, to establish whether there is an issue which requires addressing.
• Exploring 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.
• Asking targeted questions of respondents to assist its consideration.

We strongly encourage all ADUK member organisations to complete this Call for Evidence and share it with clients. Participating in this consultation will not only highlight the challenges faced by disabled people who rely on highly trained assistance dogs but also help raise the profile of broader issues with the Equality Act. You can access the Call for Evidence here: Costs Protection for Discrimination Claims Call for Evidence. A template will be available in the new year of ADUK standard responses, which can be used by members to build a response. Specific information and data should be added in by members individually to build the evidence base. Please let Ellie know if you want this template and she will send it as soon as it is drafted. It will also be added to this blog once ready.

https://www.gov.uk/government/calls-for-evidence/costs-protection-for-discrimination-claims/costs-protection-for-discrimination-claims-call-for-evidence