Public Interest Intervention
|
|
"Third party interventions are of great value in litigation because they enable the courts to hear arguments which are of wider importance than the concerns of the particular parties to the case."
House of Lords Joint Committee on Human Rights |
|
What is a Public Interest Intervention?
A Public Interest Intervention, sometimes called a third party intervention, is where an organisation uses their knowledge or expertise to add new or different angles to court deliberations. By intervening, the organisation can help to ensure that the court is fully informed of key aspects of a strategic issue. For example, the Equality and Human Rights Commission (EHRC) often intervene in cases to add expertise around how the case relates to European Convention on Human Rights.
The proposed Intervener needs to be granted permission by the court to intervene.
There is no obligation on courts to grant permission, although the usefulness of interventions is increasingly recognised by the courts.
The intervention is usually a written submission not to exceed 5000 words, drafted by your Advocate, in discussion with your organisation as their client. Generally, in the Court of Session oral interventions are only permitted in exceptional circumstances.
The intervention sets out additional issues that the court should consider.
This submission should in some way add value to the court over and above the submissions and evidence from the main parties in the case.
It should not repeat what they have already said. The intervention needs to be clear and succinct and directly related to the case.
Interventions are often of value where organisations are able to provide evidence and insight drawn from their expertise or direct practice which would not otherwise be publicly available to the court.
This can add context to the issue arising in the claim, or raise awareness of the impact of the various decisions the court might make in the particular case.
There is no obligation on courts to grant permission, although the usefulness of interventions is increasingly recognised by the courts.
The intervention is usually a written submission not to exceed 5000 words, drafted by your Advocate, in discussion with your organisation as their client. Generally, in the Court of Session oral interventions are only permitted in exceptional circumstances.
The intervention sets out additional issues that the court should consider.
This submission should in some way add value to the court over and above the submissions and evidence from the main parties in the case.
It should not repeat what they have already said. The intervention needs to be clear and succinct and directly related to the case.
Interventions are often of value where organisations are able to provide evidence and insight drawn from their expertise or direct practice which would not otherwise be publicly available to the court.
This can add context to the issue arising in the claim, or raise awareness of the impact of the various decisions the court might make in the particular case.
Organisations can also add value by bringing novel legal arguments to bear which are relevant to the work of an organisation and the individuals it supports but might not be raised by either party to the litigation either because it is not in their interests to do so, or because of the particular facts or circumstances of the parties.
Some organisations are also recognised as having a special position in relation to certain pieces of law – such as the Equality and Human Rights Commission (EHRC) role in raising issues connected to the European Convention on Human Rights (ECHR). Similarly, the United Nations High Commissioner on Refugees (UNHCR) is well placed to raise issues connected with the Refugee Convention 1951.
Consider whether there are any organisations working in your sector with similar responsibilities, and whether you should also consult or involve them in making a strategic legal intervention.
Some organisations are also recognised as having a special position in relation to certain pieces of law – such as the Equality and Human Rights Commission (EHRC) role in raising issues connected to the European Convention on Human Rights (ECHR). Similarly, the United Nations High Commissioner on Refugees (UNHCR) is well placed to raise issues connected with the Refugee Convention 1951.
Consider whether there are any organisations working in your sector with similar responsibilities, and whether you should also consult or involve them in making a strategic legal intervention.
