Equality and non-discrimination is at the heart of Doughty Street Chambers’ civil work, and has been a cornerstone of our work since our inception in 1990. Our members have unique and highly regarded expertise in both the domestic and international legal frameworks and have acted in a number of ground-breaking cases, including in the Supreme Court, the European Court of Justice and the European Court of Human Rights. Doughty Street members have expertise across all protected characteristics, and in the interplay between equality and human rights and public law through Article 14 of the European Convention on Human Rights and the public sector equality duty. Our members have expertise of equality and discrimination issues as they arise in practice areas ranging from international human rights, employment or public law, through to actions against the police, housing and community care.
Twenty-one members of chambers are on the Equality and Human Rights Commission panel of preferred counsel.
If you require assistance please don’t hesitate to get in touch with our dedicated clerks who can be contacted on +44(0)20 7400 9025, or at r.finch@doughtystreet.co.uk / c.stebbing@doughtystreet.co.uk.
Previous webinar materials can be found below.
This event is the first in its series of events to celebrate 10 years of the Equality act. Baroness Helena Kennedy QC interviewed the former Chair of the Equality and Human Rights Commission, David Isaac CBE.
Recording can be found here.
In its first 10 years the Equality Act 2010 has made a significant contribution in the field of housing. The Act has become particularly well-established in some areas. In others, however, the Act’s potential remains less well-explored.
In these two seminars, members of Doughty Street’s Housing and Social Welfare team will consider four possible areas for future development: (i) indirect discrimination against tenants and potential tenants, (ii) landlords’ responsibility for victimisation and harassment, (iii) positive action in housing and (iv) discrimination claims in homelessness cases.
Part 1: Indirect discrimination against tenants, and landlords’ liability for victimisation and harassment
Speakers: Alice Irving (Chair), Daniel Clarke and John Hobson
Although there have been a number of cases considering tenants’ defences to possession claims on the basis of disability discrimination under section 15 EA 2010, there have been relatively few cases considering other types of discrimination. Daniel Clarke will consider how arguments relating to indirect discrimination under section 19 EA 2010 might be used by tenants and potential tenants. Anti-social behaviour within the housing context raises many challenges. Alongside the common law and a mosaic of statutory provisions concerning the rights of landlords and tenants alike, John Hobson will explore what the Equality Act 2010 might bring to matters of harassment and victimisation.
Recording can be found here.
In its first 10 years the Equality Act 2010 has made a significant contribution in the field of housing. The Act has become particularly well-established in some areas. In others, however, the Act’s potential remains less well-explored.
In these two seminars, members of Doughty Street’s Housing and Social Welfare team will consider four possible areas for future development: (i) indirect discrimination against tenants and potential tenants, (ii) landlords’ responsibility for victimisation and harassment, (iii) positive action in housing and (iv) discrimination claims in homelessness cases. Part 2: Positive action in housing, and discrimination in homelessness cases.
Speakers: Zia Nabi (Chair), Sarah Steinhardt, Ben Chataway
In the recent case of R (Z) v Hackney [2020] UKSC 40 the Supreme Court considered the lawfulness of a housing association reserving its stock to address the disadvantages faced by the Orthodox Jewish community in Hackney. Sarah Steinhardt will look at ways in which the principle of positive action might be applied in the housing context. Although the Supreme Court decision in Hotak v Southwark LBC [2015] UKSC 30 firmly established the importance of the public sector equality duty in homelessness appeals, the Court of Appeal’s decision in Adesotu v Lewisham LBC [2019] EWCA Civ 1405 appeared to close the door on arguments relating to discrimination. Ben Chataway will consider the scope for further developments in this area.
Recording can be found here.
Slides can be found here.
What difference would the socio-economic duty in s.1 have made to mitigating class disadvantage if brought into force? Should “class” or “socio-economic status” be a protected characteristic? Could the prohibition against “combined discrimination” in s.14 have helped? What sorts of statutory provisions would better capture and combat intersectional discrimination?
Speakers:
Chair:
Recording can be found here.
Slides can be found here.
The Equality Act 2010 is often criticised for its lack of intersectional analysis of discrimination: it views individuals in silos instead of taking account of the many ways in which an individual can be and is discriminated against. Borrowing the methodology of the seminal Feminist Jurisprudence Project, Donnchadh Greene, Alice Irving, and Jonathan Cooper will reimagine key Equality Act 2010 judgments from an intersectional queer perspective. This will include looking at the recent Bell v Tavistock judgment and an update on recent Strasbourg decisions and how they highlight the deficiencies in the current Equality Act 2010 provisions.
Chaired by Mark Henderson.
Recording can be found here.
Slides can be found here.
