Appeal to a court of law

I have been discussing this with a solicitor and barrister and, without showing any cards too early, I believe that I have discerned more than one legal failure/contradiction in current benefit law: one with regard to ESA assessments and eligibility criteria and one with regard to the ‘forced labour’ programmes. The role of the courts is to construe the intention of Parliament, not least when legislation is incoherent, unclear, contradictory or self- contradictory or when there is a clash with other legislation.

Any ideas will be gratefully received.

A legal campaign would probably benefit from having a very high-profile barrister involved.

originaldave wrote:

Crazydiamond wrote:

bro58 wrote:

As for a class action these are only taken by a group of people against a party, if that group of people have all suffered detriment because of the the same thing.

e.g. A group take a class action against a drug company because they have all suffered due to taking one particular drug manufactured by said company.

This description could conceivably used against the DWP and/or Atos thus:-

As for a class action these are only taken by a group of people against an organisation, if that group of people have all suffered detriment because of the the same thing.

A group take a class action against the DWP/Atos because they have all suffered due to the particular actions by said organisations.

Unfortunately attractive as it may sound, I very much doubt that this argument would ever surmount the first barrier in consideration of any legal action before the courts.

I agree case actions work because its one drug all given for the same reason.... will ATOS/DWP everybody has a different illness been seen by many differnt drs and are having different treatments

to work against atos/dwp there would have to have be a document giving all drs instructions on how to deal with people in a way thats wrong unfair or unjust ...find that smoking gun

I think the only glimmer of hope on a class or group action being taken against DWP/ATOS, would be contravention of Human Rights Act, EEC regs, DDA, Eqalities Act.

Where a group of people had suffered, in contravention of the above.

The hard bit would be getting a solicitor, and barrister, to take this up on a no win no fee basis, as if it ended up in the High Courts, which it probably would, it becomes a very costly affair.(I know from experience)

Any such action would be risk assessed regularly along the way, as for expected probability of success, by the law firm, and have to be authorised by the law firm panel of senior partners.

Of course some firebrand lawyer could come along, who wanted to fight the injustice, and gain some publicity along the way, but this is highly unlikely at this time, as most of the general public are behind the government on "Getting the sick and disabled into work" through ignorance, or misinformation.

So I don't think any law firm would see it as good publicity, and therefore it would be unattractive as a worthy cause.