Legal Update

Target met, thanks to you

and here’s how we’re arguing our case

We are delighted to have achieved our £180,000 stretch fundraising target for our ongoing judicial review case.

The funds you have contributed have enabled us to:

• seek legal advice from our specialist team of Blackstone barristers and Bindmans solicitors – the very same team that enabled us to successfully challenge the PHSO’s unlawfully narrow definition of ‘injustice’; 

• have that team prepare and send a detailed letter before claim;

• take their advice on the Government’s response which gave us the confidence to press on with the claim;

• prepare and issue that claim in the High Court.

• set money aside towards the Government’s legal costs which we could be ordered to pay if we do not succeed (which cannot be guaranteed in any legal case); and

• apply for a costs-capping order to limit both our exposure to the Government’s legal costs based on what we have set aside and the Government’s exposure to ours.

Our case is based on the detailed arguments set out in our ‘Grounds of Claim’ which we promised to publish – and here they are. You will see a few gaps in the text where we are discussing what the Government says in its response to our letter before claim (‘PAP response’). We have had to blank out those references because the Government is objecting to us sharing them with you. We appreciate this is frustrating and will continue to press the Government to agree to let us publish its case papers, including the ‘Summary Grounds of Resistance’ its lawyers are busy preparing. We will continue to press the Government to agree to let us publish its case papers, including the ‘Summary Grounds of Resistance’ its lawyers are busy preparing.

The rules developed by the Courts on cost capping orders mean it is important that we continue to fundraise as much as we can for the case so the Court can set a cap based on what is affordable. 

For this reason, we are re-setting our stretch target to £230,000 and would very much welcome you asking your friends, family and colleagues to donate now, or as the case moves forward. The wider we can share our Crowdjustice appeal, the easier it will be to meet our new target.

We will keep you informed as to what is needed and what is happening at each stage.