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There are situations where a settlement may be preferable to a court battle. There may be many reasons for this: amongst others, costs, and the fact that courts are limited to legal remedies when there may be more flexible and innovative solutions.
Q and A
A PIL case may be brought by one person or one organisation, or by a group of individuals and/or organisations. If you are thinking of bringing your case together with others, there are a number of things that you need to think about carefully.
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When engaging in public interest litigation (PIL), it is important to ensure that your information is kept safe. If the information in relation to your case such as correspondence with lawyers, strategy, evidence concerning vulnerable individuals or communities, is not kept confidential this may eventually weaken your position during litigation or negotiations and may also […]
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When you target powerful interests, especially those linked to security forces or potentially criminal elements, you should take special care to examine the security risks before initiating legal action.
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Once you have obtained an order from a court, sometimes called an injunction, you may need to take steps to ensure it is obeyed or enforced.
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Litigation needs resources. Anyone embarking on PIL needs to consider what resources they may need and how to provide them. But do not let initial lack of resources discourage you unduly. Some of the most effective Public Interest Litigation (PIL) has been undertaken by determined people with no material resources of their own who have […]
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The claimant – the person bringing a legal case – must provide evidence to prove their claims against the defendant.
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If you are considering taking legal action to solve a problem, there may be more than one court, tribunal, or other body to which you can submit your complaint. It is useful first to prepare an overview of the different options and assess the advantages and disadvantages of each, before deciding where to bring your […]
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As one prepares a public interest case, in addition to determining the rights which have been violated, it is important to think about what measures you want the court or dispute settlement body to take; put in legal terms, you must decide which “remedies” to seek. This should not be considered in isolation from the […]
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When developing a PIL strategy, it can be good to look below the surface of the immediate issue involved in your case and consider if there are alternative routes to achieving your desired goal. For example, if you are trying to stop something from happening, you are not limited to stopping the event itself. You […]
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