Deman v The Commission for Equality and Human Rights & Ors

Deman v The Commission for Equality and Human Rights & Ors

The judge was not required to sit with assessors for a strikeout application where no evaluation of fact was involved. The claim was not sufficiently pleaded to be triable, lacking particulars to support an inference of discrimination, and was properly struck out.

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, Consolidated Appeals
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Victimisation, Strike Out Applications, Jurisdiction of Assessors
Equality Law Civil Procedure Race Discrimination Victimisation Strike Out Applications Jurisdiction of Assessors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Mr S Deman

Appellant

The Commission for Equality and Human Rights & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Central London County Court, Consolidated Appeals

Legal Issues

  1. 1 Whether judge was required by law to sit with lay assessors on a strikeout application under Race Relations Act 1976
  2. 2 Whether the claim was sufficiently pleaded to be triable

Ratio Decidendi

The judge was not required to sit with assessors for a strikeout application where no evaluation of fact was involved. The claim was not sufficiently pleaded to be triable, lacking particulars to support an inference of discrimination, and was properly struck out.

Court Disposition

Appeal dismissed

Orders

  • Each of the appeals is dismissed