Who should be the claimant?
For some types of action, the case will be officially brought by just one person. It is therefore key that this claimant is suitable for the aims of the action.
- Find a claimant who embodies the issue and is discriminated against or disadvantaged in a way that is obviously unacceptable to society in that country – this will make for an easier case than a more tenuous discrimination. Claims concerning more obvious breaches of law are also easier in the sense that courts will be more likely to a) find time to hear them and b) feel a desire to address the issues.
- Does the applicant have a family? If so, what could be the effect on them? Are they likely to suffer a backlash from the government? Is there support for the claimants in the local community? The latter is especially important in discrimination cases.
- It is necessary to ensure that the community in whose name policy-changing litigation is brought actually benefits from the action.
- It is necessary to convince the court that this individual/group’s issues are being ignored and that the applicant is in the best position to make a stand for them.
- Choose clearly defined victims.