Step one: Initial questions to consider
Sometimes strategic litigation can be a very effective way to achieve social change. However, it can also be resource-intensive and sometimes other routes can be better.
So how do you know if you should pursue strategic litigation?
Here are some questions to discuss within your organisation to help to guide your decision-making:
So how do you know if you should pursue strategic litigation?
Here are some questions to discuss within your organisation to help to guide your decision-making:
- Strategic - Is this a legal issue that has implications for many people and/or is strategic in some way?
- Legal outcome - Would a court or tribunal decision, or legal clarity, help to address this problem?
- Other means - Are there other effective and less resource-intensive ways to achieve your strategic goal? Do you have other realistic ways of influencing that would be very likely to bring about the change you are after in an acceptable timescale?
- Engaging - Is the key issue in the case easy for the media and the general public to understand?