Durrant v Chief Constable of Avon & Somerset Constabulary

Durrant v Chief Constable of Avon & Somerset Constabulary

The judge failed to apply the structured two-stage analysis required by section 57ZA of the Race Relations Act 1976. On the evidence, the delay in providing toilet facilities to the appellant constituted an act of race discrimination due to unconscious racial stereotyping, as there was no adequate non-racial explanation from the police. The other two additional allegations were either not pleaded or adequately explained by non-racial factors.

Parties
Appellant: Bianca Durrant; Respondent: Chief Constable of Avon & Somerset Constabulary
Jurisdiction
England and Wales
Judgment Date
17 August 2017
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability and Quantum in Race Discrimination Claim
Outcome
Appeal allowed in part; finding of additional act of race discrimination substituted; permission to appeal quantum granted; directions for written submissions on damages.
Legal Topics
Race Discrimination, Burden of Proof, Unconscious Bias, Damages Assessment, Procedural Fairness
Discrimination Law Civil Procedure Race Discrimination Burden of Proof Unconscious Bias Damages Assessment Procedural Fairness

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Parties

Bianca Durrant

Appellant

Chief Constable of Avon & Somerset Constabulary

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability and Quantum in Race Discrimination Claim

Legal Issues

  1. 1 Whether the trial judge failed to apply section 57ZA of the Race Relations Act 1976 in relation to three additional allegations of race discrimination
  2. 2 Whether the delay in providing toilet facilities constituted an act of race discrimination
  3. 3 Whether the difference in treatment at the voluntary interview and the police van incident constituted race discrimination

Ratio Decidendi

The judge failed to apply the structured two-stage analysis required by section 57ZA of the Race Relations Act 1976. On the evidence, the delay in providing toilet facilities to the appellant constituted an act of race discrimination due to unconscious racial stereotyping, as there was no adequate non-racial explanation from the police. The other two additional allegations were either not pleaded or adequately explained by non-racial factors.

Court Disposition

Appeal allowed in part; finding of additional act of race discrimination substituted; permission to appeal quantum granted; directions for written submissions on damages.

Orders

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