New Transport Justice Fund pilot – get funding for legal cases about disability discrimination
The fund will support strategic cases about disability discrimination on rail and cases about air travel.
We are still raising money for our #TransportJustice fund but we want to start the work as a pilot. We will only fund a very small number of cases, but applications we receive will help us to identify the issues to focus on and the cases we could pursue.
The cases we will support
The fund will support strategic cases about disability discrimination on rail and cases about air travel. The Equality Act does not apply to all aspects of air travel. We will advise you if this is the case in your situation.
By strategic we mean cases that will have an impact on many people, not just one individual.
Those cases are likely to be about the policy or aimed at establishing a new rule or cases that help to clarify the law.
What will we pay for?
The fund is limited and may pay for basic costs such as initial legal advice, court fees, barrister’s advice, insurance to protect from other party’s costs, mediation and reduced legal costs. Each case will be considered individually and we will investigate other possible sources of funding such as legal aid or the EHRC funding.
Besides having a strategic potential your case should be:
• In time, you need to come to us at least within 3 months after the event has happened.
• You should raise the issue with the transport company before coming to us. We can help with this.
• There must be evidential base for the case
• The lawyers must agree that the case has at least 50% prospect of winning.
What we would expect from you
The case that you bring will be your case and you will be in control of it and ultimately decide what happens and what steps are taken. However, in order to receive funding from us you will have to agree with the conditions below. Those conditions are there to ensure the case has some strategic impact.
You need to be committed to changing the policy as a first priority. In some cases transport providers will try to settle your individual claim by offering compensation, but not changing the policy. To gain funding from our #Transport Justice fund you have to commit to pushing for a change in policy or practice. This does not mean that you will not necessarily get compensation, but it does mean that we would expect you not to settle the claim if the settlement does not guarantee a wider change.
You should be prepared to agree to some publicity for your claim. Publicity is an important part of strategic litigation. Sometimes even if the case is lost, making it public could help to achieve the goal through other means. We can support you with publicity and we will understand if for some reason you don’t want certain aspects of your case to be public. But generally we expect everyone who receives funding from this fund to commit to some degree of publicity. If the case settles before the court hearing, we would expect you to push for the aspects of the settlement which are about changing policy or practice to be made public.
You need to commit to sharing information. We aim to co-ordinate legal action with some other campaigning activities. Therefore we ask for your permission for the lawyers to share information about the progress of the case with Inclusion London and other organisations that may be involved in the campaign. We can discuss and agree the best way to do this with you and the lawyers.
The fund is very small and we need to find a way to replenish it. We could encourage you to consider a discretionary donation from a compensation you receive beck to the fund to help us support other cases like yours.
How to apply?
If you have a case which meets the criteria above, please fill in the form below and send it to Inclusion London’s Disability Justice Project.
Inclusion London will check if your case meets basic criteria and will advise if you need to take some further steps before the case is referred to solicitors.
Please note that by sending this form you are agreeing to us sharing your details and information about your case with #Transport Justice steering group and solicitors at Deighton Pierce Glynn.
We will usually contact you by email or telephone. Please let us know if you have any access requirements we need to know about.
We will get in touch with you about your case within 2 weeks’ time.
If you have any problems or questions about your application please contact Svetlana.firstname.lastname@example.org