Catherine Casserley
Profile
Catherine Casserley is an employment and discrimination lawyer, practising at Cloisters Chambers. She has particular expertise in the Disability Discrimination Act 1995 (DDA). She returned to full-time practice at the Bar in October 2007 from a period as Senior Legal Adviser with the Disability Rights Commission ("DRC").
Since returning to the Bar, she has appeared in the Court of Appeal (Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141 (28 February 2008) ; and S v Floyd & Anor [2008] EWCA Civ 201 (18 March 2008); the House of Lords (London Borough of Lewisham v Malcolm and EHRC, [2008] UKHL 43; and SCA Packaging Ltd v Boyle [2009] UKHL [37]);; the Employment Appeal Tribunal, employment tribunal and county court in discrimination and human rights cases. She obtained the first injunction under the Disability Discrimination Act 1995 requiring a service provider to make physical alterations to premises (David Allen (a child, by his litigation friend Ceri Allen) v Royal Bank of Scotland Group plc Claim No. 7SE51122, Sheffield County Court). She is regularly instructed by the Equality and Human Rights Commission to advise and represent them.
At the DRC Catherine was involved in the leading cases and contributed to the work of its Award Winning litigation team; she conducted litigation on the disability equality duties, was the lead drafter of the revised statutory Codes of Practice on Part 3 of the DDA and of the Disability Equality Duty Code, and made a major contribution to the Part 2 Employment Code of Practice.
She has particular expertise in advising on strategic litigation. She litigated significant employment and goods and services cases when employed as Senior Legal Officer at Royal National Institute of the Blind and obtained the first injunction in a goods and services case under the DDA whilst there. She appeared as junior counsel for the DRC in the housing case of Lewisham LBC and Courtney Malcolm and DRC and more recently when it was heard in the House of Lords on behalf of the Equality and Human Rights Commission; as well as in the case of SCA Packaging Ltd v Boyle [2009] UKHL [37], which concerned the definition of disability. She was instructed by the TUC to draft guidance for officers on dealing with the implications of the Malcolm judgment
She has spoken and published widely on the Disability Discrimination Act and has provided training on it to a number of organisations, including the Housing Ombudsman Service, Law Centres Federation, NACAB and the Employers Forum on Disability. She has acted as a legal adviser to the Employers Forum on Disability.
Catherine has an international reputation as an expert on European anti-discrimination law and was part of the successful tender to the European Commission for training in accession and existing member states on this subject by Human European Consultancy. She has trained judges and lawyers and staff of the equality bodies across Europe on the European Framework Directive and also on the concept of "reasonable accommodation". She is also an expert adviser for the Study on the Situation of Women with Disabilities in Europe, a European Commission funded project looking at the implementation of the UN Convention on the Rights of Persons with Disabilities in relation to disabled women.
She also has considerable experience in mental health litigation, having worked in a law centre based in a psychiatric hospital for a number of years.
She is Chair of the Discrimination Law Association, and a member of the Equality and Diversity Committee of the Bar Council.
Numerous articles including:
- Article, employment law journal May 09, on the Equality Bill
- Articles in Legal Action (on Malcolm; and the equality duties) - September 08
- Article in Employment Law Journal (September 08) - Coleman and Attridge
- Case reports in Discrimination Law Association Briefings
- Articles in DRC Legal Bulletin, including on sickness absence and the DDA (an analysis of caselaw) and the disability equality duty
- Co-authored article in Computer Law and Security Report on websites and the DDA
- Article in Education and the Law on the disability equality duty
- Articles on the DDA in the District Judge's Bulletin
Membership/Appointments
- appointed as an independent legal expert on discrimination law for an EC funded project training member states' on the European discrimination directives
- appointed as legal adviser on the Study on the Situation of Women with Disabilities in Europe
- Chair of the executive committee of the Discrimination Law Association
- Member of the executive committee of the Disability Discrimination Act Advice and Representation Project (DDARAP)
- Member of The Bar Council Equality and Diversity Committee
Recent Important Cases
- SCA Packaging Ltd v Boyle [2009] UKHL [37])
- R (FB) v Director of Public Prosecutions (EHRC intervening) [2009] EWHC 106
- London Borough of Lewisham v Malcolm and EHRC [2008] UKHL 43
- Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141 (28 February 2008) ;
- S v Flyod & Anor [2008] EWCA Civ 201 (18 March 2008)
- David Allen (a child, by his litigation friend Ceri Allen) v Royal Bank of Scotland Group plc Claim No. 7SE51122, Sheffield County Court, January 2009)
- Hutchings v D'Cruz Watford County Court, 28/08/03 - first injunction awarded under the DDA
Qualifications
LLB, LLM (focussed on international human rights), Accredited CEDR Mediator