Strategic Litigation

Resource for NGOs on using the courts to get change

The resource, ‘Making Change Happen: A step-by-step guide to strategic litigation in equality and human rights for NGOs in Scotland is produced by the Human Rights Consortium Scotland, funded by the Equality and Human Rights Commission.

It is essential reading for anyone interested in social change in Scotland. 

Setting out a number of helpful planning questions and suggestions, litigation methods, case examples and helpful contacts, the resource aims to be a helpful starting point for any organisations in Scotland who are interested in how they might use litigation as a tool to bring about strategic change.

Report on tackling barriers to strategic court cases in Scotland

The report Overcoming Barriers to Public Interest Litigation in Scotland published Thursday 22 November 2018, explores why there is a lack of strategic court action in Scotland and suggests recommendations to address this.  It suggests key barriers are: poor access to information about court cases; limitations to who can take a case to court; short time-limits for taking cases; inhibitive costs and financial risk; and a limited culture of using public interest litigation to bring change.

Authors Clan Childlaw, Human Rights Consortium Scotland, Amnesty International, Friends of the Earth Scotland, Shelter Scotland, JustRight Scotland and Rape Crisis Scotland are clear that if we are to see human rights progressed in Scotland, we need more NGOs to be able to pursue strategic cases.

Read the full report here: Overcoming Barriers to Public Interest Litigation in Scotland

Report on Standing in Scots Public Law Litigation

This report, authored for the Human Rights Consortium Scotland by Douglas Jack and Chris McCorkindale, explains who can ‘stand’ in public law litigation in Scotland, meaning who can take a case to court. The rules around standing define who has a right to defend or assert their rights and interests in court, and thus is a critical aspect of access to justice.

The briefing celebrates and explains recent reforms to rules on standing, which broaden the definition and can be used to the advantage of strategic litigants. Click here to read the briefing in full.

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