Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1275 (17 August 2017)

Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1275 (17 August 2017)

The judge erred by failing to apply section 57ZA to the allegation of delay in providing access to a toilet; in the absence of an adequate explanation from the police, this constituted an act of race discrimination based on unconscious racial stereotyping. Other allegations were either not pleaded or adequately explained by non-racial factors.

Citation
[2017] EWCA Civ 1275
Parties
Appellant: Bianca Durrant; Respondent: Chief Constable of Avon & Somerset Constabulary
Jurisdiction
England and Wales
Judgment Date
17 August 2017
Procedural Posture
Appeal From County Court Judgment (race Discrimination Claim) / Appeal Judgment
Outcome
Appeal allowed in part; finding of race discrimination substituted for delay in toilet access; permission to appeal quantum of damages granted.
Legal Topics
Race Discrimination, Burden of Proof, Police Conduct, Unconscious Bias, Damages Assessment
Civil Law Discrimination Law Human Rights Law Race Discrimination Burden of Proof Police Conduct Unconscious Bias Damages Assessment

Case Brief

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Parties

Bianca Durrant

Appellant

Chief Constable of Avon & Somerset Constabulary

Respondent

Procedural Posture

Appeal From County Court Judgment (race Discrimination Claim) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge failed to apply section 57ZA of the Race Relations Act 1976 to three allegations of race discrimination
  2. 2 Whether delay in providing access to a toilet constituted race discrimination
  3. 3 Whether police officers' conduct in the van and at interview amounted to race discrimination

Ratio Decidendi

The judge erred by failing to apply section 57ZA to the allegation of delay in providing access to a toilet; in the absence of an adequate explanation from the police, this constituted an act of race discrimination based on unconscious racial stereotyping. Other allegations were either not pleaded or adequately explained by non-racial factors.

Court Disposition

Appeal allowed in part; finding of race discrimination substituted for delay in toilet access; permission to appeal quantum of damages granted.

Orders

  • Substitute finding of race discrimination for delay in providing access to toilet on 13 June 2009.
  • Permission to appeal quantum of damages granted.