Deman v The Commission for Equality and Human Rights & Ors [2010] EWCA Civ 1279 (16 November 2010)

Deman v The Commission for Equality and Human Rights & Ors [2010] EWCA Civ 1279 (16 November 2010)

The judge was not required to sit with lay assessors for a strikeout application where no evaluation of facts relevant to race relations was involved, and the claimant's pleadings failed to disclose sufficient particulars to support a triable case of racial discrimination or victimisation.

Citation
[2010] EWCA Civ 1279
Parties
Appellant: Mr S Deman; Respondents: The Commission for Equality and Human Rights & Others
Jurisdiction
England and Wales
Judgment Date
16 November 2010
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Strike Out Applications, Lay Assessors, Pleading Requirements
Civil Procedure Equality Law Race Discrimination Strike Out Applications Lay Assessors Pleading Requirements

Case Brief

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Parties

Mr S Deman

Appellant

The Commission for Equality and Human Rights & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether a judge is required by law to sit with lay assessors when determining a strikeout application under the Race Relations Act 1976
  2. 2 Whether the claimant's pleadings disclosed a triable case of racial discrimination and victimisation

Ratio Decidendi

The judge was not required to sit with lay assessors for a strikeout application where no evaluation of facts relevant to race relations was involved, and the claimant's pleadings failed to disclose sufficient particulars to support a triable case of racial discrimination or victimisation.

Court Disposition

Appeal dismissed

Orders

  • Each of the appeals is dismissed.