The claimant sought damages for race discrimination. He appealed a dismissal of his claim, suggesting that the assessor’s role had been misunderstood.
Held: The structure of the Act recognised the particular difficulties in assessing evidence in race discrimination cases, by requiring experienced lay persons to sit with the chair. There was no direct useful comparison between their role in race cases and their role in other forms of litigation. They were there to assist the judge in evaluating the evidence, in the broadest way. Where assessors were given directions on the law, such directions should be given in public, and where they contributed expert evidence, that would require the parties to have opportunity to respond. The procedure of reaching a decision together remained confidential. The section would not be working if judges consistently went against the agreed opinion of the assessors.
Judges:
Lord Justice Laws, The Master Of The Rolls, Lord Justice Waller
Citations:
Times 17-Jan-2003, Gazette 13-Mar-2003, [2002] EWCA Civ 1907, [2003] 1 WLR 995
Links:
Statutes:
Jurisdiction:
England and Wales
Discrimination
Updated: 06 June 2022; Ref: scu.178549