Litigating for Change
  • Home
  • About
    • Who is this guide for?
    • What is this guide not about?
    • How to use this guide
    • About the authors
    • Accessibility Statement
    • Contact
  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
    • Step three: Get advice
    • Step four: Consider the method
    • Step five: Work with others
    • Step six: Planning
    • Step seven: Resourcing
    • Step eight: Communications
  • Methods
    • Complaints
    • Judicial Review
    • Legal Opinion
    • Public Interest Intervention
    • Tribunals
  • Case Studies
    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
    • Equality and Human Rights Commission
    • Equality and Human Rights Law in the UK
    • Glossary
    • Useful contacts

Step three: Get advice, get advice, get advice!

Image shows text 'Making Change Happen: A step-by-step guide to strategic litigation in equality and human rights for NGOs in Scotland'
It is important to get legal advice from very early on in your decision-making around strategic litigation. 

You could do so via a strategic litigation network, through a private solicitor, a law clinic or centre, or with an advocate through advice agency referral to the Faculty of Advocates Free Legal Services Unit – see Resources for more details. 

You can arrange a meeting and discuss with them the details of your strategic issue and the pros and cons of pursuing litigation.  When seeking legal advice, it is helpful to provide in advance to the solicitor or advocate information about:
  • your organisation
  • the strategic issue you wish to pursue
  • the factors that might affect your ability to approve, or fund, the pursuit of strategic litigation. 

The initial advice you receive could simply be oral advice in your meeting, following by a brief confirmatory letter.
If the solicitor or advocate believes there to be good prospects in pursuing strategic litigation, and is willing to provide further advice, you should clarify what services she will offer your organisation and whether there is any charge for the advice.

You might consider, for example, asking for a written legal opinion to help bring clarity to your issue and to prepare for litigation. 
​
You can also discuss the strategic issue with the Equality and Human Rights Commission (EHRC).
Image shows Human Rights Consortium Scotland logo



​Funded by Equality and Human Rights Commission







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CONTACT


​The information in this website is for general guidance and is not legal advice. Please see Useful contacts for suggestions of who to contact for legal advice.
​
Copyright © 2018
  • Home
  • About
    • Who is this guide for?
    • What is this guide not about?
    • How to use this guide
    • About the authors
    • Accessibility Statement
    • Contact
  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
    • Step three: Get advice
    • Step four: Consider the method
    • Step five: Work with others
    • Step six: Planning
    • Step seven: Resourcing
    • Step eight: Communications
  • Methods
    • Complaints
    • Judicial Review
    • Legal Opinion
    • Public Interest Intervention
    • Tribunals
  • Case Studies
    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
    • Equality and Human Rights Commission
    • Equality and Human Rights Law in the UK
    • Glossary
    • Useful contacts