03rd February 2022
Location

Online Seminar via Zoom

Online Seminar via Zoom

Book Launch and Webinar: Discrimination in Public Law 

Thursday 3 February 2022 | 16:00 - 17:00

This is an event to mark the publication of the book Discrimination in Public Law (Legal Action Group), written by Adam Straw QC. The drinks reception is on hold for the time being, but will take place once conditions allow. Instead, to introduce the book, we are holding a 1-hour remote seminar, on the following topics: 

  • Brief overview of the new book. Key recent developments in, and where next for, discrimination in public law: Adam Straw QC, Doughty Street Chambers. 

  • Why discrimination in public law matters and what you can do about it: Louise Whitfield, Liberty. 

  • Using retained EU equality law in JR: Ollie Persey, Garden Court Chambers (who wrote a chapter of the book on retained EU law)

  • Case studies: using discrimination law in trafficking and asylum JRs: Shu Shin Luh, Doughty Street Chambers.  

Register your place click here. 


About the book

Discrimination in Public Law is a new book on discrimination relevant to judicial review and to bodies which exercise a public function. In recent years there has been a huge amount of domestic, ECHR and EU case-law relevant to discrimination in public law, developing a range of complicated legal and procedural principles. This book seeks to provide a concise but comprehensive guide to the law and procedure, together with practical guidance, for any practitioner wishing to rely on discrimination arguments in a judicial review claim. 

Discrimination in Public Law covers the four sources of law regarding equal treatment, so far as relevant to judicial review: the Equality Act 2010, Article 14 of the European Convention on Human Rights (ECHR), EU law so far as it is retained post-Brexit, and public law equal treatment. A practitioner who wishes to assess whether the decision or policy of a public body, or legislation, breaches equality law, should have an understanding of all four of those areas.

The book includes sections analysing the general principles of law and procedure, together with sections about all of the specific areas of public law where discrimination issues may arise, such as asylum, benefits, children’s rights, community care, education, housing, immigration, mental health, housing, health, police and prison law and trafficking.

By bringing these cases together across a full range of areas of law into one volume, Discrimination in Public Law aims to provide claimant practitioners with the tools to draw on useful authorities from outside their specialism. It highlights the leading authorities, but also aims to be a comprehensive source for decisions in particular fields.

Contents include:

  • Part A: Equality Act 2010
    • The protected characteristics
    • The context
    • Exceptions
    • Proportionality
    • Prohibited conduct
    • Enforcement and remedies
  • Part B: The public sector equality duty
  • Part C: Article 14 of the European Convention on Human Rights
    • Types of discrimination
    • The test for discrimination
    • Justification
    • Specific situations
    • Enforcement and remedies
  • Part D: European Union law
    • Retained EU law
    • EU equality law
  • Part E: Public law equal treatment

Discrimination in Public Law will be an essential text on discrimination, for all levels of public lawyer.