Catherine Casserley

Year of Call: 1991

Call 020 7827 4000

Expertise

  • Arbitration and Mediation

  • Discrimination and Equality

  • Employment

  • Human Rights

  • Professional Discipline

  • Public and Administrative Law

"Catherine is an able barrister who has complete understanding of cases, responds quickly to instructions and gives clear advice." "She is known for her in-depth expertise and experience in disability. She is an impressive practitioner." "Catherine is always very supportive as well as providing excellent technical expertise in discrimination matters." - Chambers and Partners 2024

'An expert in discrimination law, and an asset to have on your side.' - Legal 500 2024

‘Knowledge of disability discrimination law that is second to none - lively mind, responsive, great with clients, and speaks with authority, building trust.’ - Legal 500 2023

"Catherine has a great knowledge of the technicalities of The Equality Act and is good at taking a tactical view and having those strategic discussions." - Chambers and Partners 2023

"I have been impressed with her work in relation to various aspects of discrimination law." - Chambers & Partners 2022: (Civil Liberties & Human Rights)

Catherine’s knowledge of discrimination law is absolutely first class, and she is approachable, helpful and a total pleasure to work with. She builds a good rapport with clients and is sensitive to those clients suffering with mental health challenges. She has a particularly effective cross-examination style and is respectful within the tribunal. Excellent attention to detail and she gets to the real grips of the case with ease." - Legal 500 2022

“She's very well versed in discrimination law; she knows it like the back of her hand." "She's the guru on disability discrimination law." -Chambers & Partners 2021

Consistently instructed in significant cases and is particularly sought out for discrimination matters.” - Legal 500 2021

  • Catherine Casserley is the go-to barrister for matters relating to the Equality Act 2010, particularly complex issues involving the HRA; and strategic advice. Having spent considerable time in the voluntary sector working for disability organisations and the Disability Rights Commission, she is well known for her expert advisory and legal policy work on equality issues, and has advised both private and public organisations on matters ranging from single sex organisations to reasonable adjustments policy – including most recently in respect of Covid-19. She has appeared in ground breaking Equality Act cases in the Supreme Court and Court of Appeal- on sexual orientation (Preddy and Hall v Bull and Bull); disability (Paulley v First Group plc , disability, transport); Ackerman Livingston v Aster Communities (housing and disability); - Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37 – (definition of disability). She represented the claimant in the first case of non-employment harassment (taken as a direct discrimination case) on the basis of sexual orientation. She is presently instructed in matters ranging from religion and belief discrimination in non-employment settings to complex whistleblowing matters in the Employment Tribunal.

    Discrimination and Equality

    Her non-employment discrimination work spans retail, transport, sports, education and housing, and she has been instructed in nearly all the significant reported cases in these areas. She has obtained injunctive relief in a number of discrimination cases, both services and education, most recently having obtained an order requiring a restaurant to install a stair lift in contested remedy hearing.

    She is regularly instructed by the Equality and Human Rights Commission, Law Centres, individuals, public authorities and employers and has appeared at every level of court up to and including the Supreme Court. She assisted in drafting the statutory Codes of Practice, technical guidance (most recently the redraft of the PSED technical guidance) and drafted some of the provisions in the Equality Act 2010.

    Employment

    As well as strategic and appellate litigation she is also involved in individual, often complex, cases in the employment tribunal, such as long running disability discrimination trials. She has particular experience in cases involving those with mental health issues and Autistic Spectrum Disorder, particularly in employment and in education.

    She has acted in race and sex discrimination claims, including for senior employees and/or officers (such as a senior officer in the Metropolitan police in a case of race discrimination); and in sex and whistleblowing cases involving senior public health workers; as well as securing the right of those in receipt of police ill health retirement pensions to bring Equality Act claims (Curry v Chief Constable of Northumbria).

    Advisory work

    She also advises disability organisations, other NGOs and the Equality and Human Rights Commission on a regular basis on litigation and legal policy issues, including on the UN Convention on the Rights of Persons with Disabilities. In 2015/16 she acted as the independent legal adviser to the House of Lords Committee on disability and the Equality Act 2010 and she continues to advise members of the Lords on its recommendations. In 2020 she was appointed as Special Adviser to the Parliamentary Women and Equalities Committee inquiry into the Unequal Impact of Covid 19 Disability and Access to Services – both appointments recognition of her expertise in this area.

    Public Law

    Key cases in public law include acting for the claimant in R (on the application of Rowley) v the Cabinet Office [2021] EWHC 2108, a claim regarding the lack of BSL interpreters at Covid scientific briefings. The judgment is the first detailed examination of the reasonable adjustment duty in a public law context. She also acted on behalf of the disability organisation NDY UK in the assisted dying case of R (on the application of Conway) v Secretary of State for Justice and Others.

    Additionally, she has expertise in European human rights and discrimination law. She has drafted interventions in the European Court of Human Rights; and spoken and written extensively on both European and domestic discrimination legislation. Most recently she lectured on the UNCRPD in St Petersburg.

  • Chambers & Partners 2022: (Civil Liberties & Human Rights) "I have been impressed with her work in relation to various aspects of discrimination law."

    (Employment) "She is really easy to talk to and she knows her stuff: she is always my first port of call."

    Legal 500 2022:“Catherine’s knowledge of discrimination law is absolutely first class, and she is approachable, helpful and a total pleasure to work with. She builds a good rapport with clients and is sensitive to those clients suffering with mental health challenges. She has a particularly effective cross-examination style and is respectful within the tribunal. Excellent attention to detail and she gets to the real grips of the case with ease."

    Chambers & Partners 2021: "She's very well versed in discrimination law; she knows it like the back of her hand." "She's the guru on disability discrimination law."

    Legal 500 2021: “Consistently instructed in significant cases and is particularly sought out for discrimination matters.”

    Chambers & Partners 2020: "An encyclopaedia on disability discrimination matters." "An expert in her field, practical yet methodical and comprehensive." "Catherine is delightful to work with."

    Legal 500 2020: "The depth of her knowledge of discrimination law is invaluable."

    Chambers & Partners 2019: (Employment) "Widely recognised in the market as an expert in equality law, with a particular focus on disability discrimination law. She has experience in other aspects of employment law, acting at all levels including tribunal and Supreme Court cases." "Exceptional when it comes to her knowledge of discrimination disability law . Very easy to get on with and very personable."

    (Civil Liberties) "She is well known for her expertise in disability discrimination and is regularly instructed by individuals, public authorities and the Equality and Human Rights Commission. She is adept at handling all matters involving the Equality Act 2010 and has appeared at various tribunals and the Supreme Court." "She is very experienced and has very deep knowledge."

    Chambers & Partners 2018: "She knows everything there is to know about disability discrimination. An excellent advocate. She is responsive and great with clients."

    Legal 500 2018: "Widely recognised in the market as an expert in equality law."

    Chambers & Partners 2018: "No-one has their ear more in tune to disability discrimination law."

    Chris Fry said in an interview with The Times: "I am constantly inspired by Cathy Casserley for equality work, and her determination to develop better enforceable case law for claimants."

  • ILS

    ELA

  • Catherine writes regularly for Discrimination Law Association Briefings; contributes to a variety of discrimination publications; is a co-author of Jordans' Guide to the Equality Act 2010 ; a contributor to and Blackstones' Guide to the Equality Act 2010 (in its 3rd edition); and is co-editor of the Legal Action Book Discrimination in Employment: A Claims Handbook”

    She has spoken and published widely on the Disability Discrimination Act and the Equality Act 2010 and has provided training on both to a number of organisations, including the TUC, Housing Ombudsman Service, Law Centres Federation, NACAB and the Business Disability Forum.

    She continues to conduct regular training and seminars on employment and services discrimination, including for European judges at the Academy of European Law in Trier, for the Law Centres Federation and for course providers such as IRS, IDS and CLT, leading providers of legal education in employment law

  • LLB

    LLM (focus on international human rights law)

  • • Rowley R (on the application of) v Minister for the Cabinet Office [2021] EWHC 2108 – reasonable adjustments, cabinet briefings

    • Seccombe v Reed EAT [2021] EAT -2019 – 000478 – knowledge of disability

    • Leighton R (on the application of) v the Lord Chancellor [2020] EWHC 336 (representing intervenor) – challenge to legal aid scheme

    • Jyaram v Network Rail Infrastructure Ltd [2020] EAT 0164 – reasonable adjustments for ET hearing

    • Conway R (on the application of) v The Secretary of State for Justice [2018] EWCA Civ 1431 – assisted dying

    • Green v Southern Pacific Mortgage Ltd & Anor [2018] EWCA Civ 854 – discrimination and mortgages

    • Williams v The Trustees of Swansea University Pension and Assurance Scheme & Anor [2017] EWCA Civ 1008 – s.15 discrimination

    • Paulley v FirstGroup PLC [2017] UKSC - s.20/21 EqA, reasonable adjustments and transport provider

    • Hamnet v Essex County Council [2017] EWCA Civ 6 – statutory review and EqA

    • Ackerman Livingston v Aster Communities Ltd [2015] UKSC 15 - s.15 and justification, interaction of Equality Act justification and Article 8 HRA justification

    • O'Connor V MSC, March 2015, Reading ET, Aspergers and reasonable adjustments, tribunal made recommendations in recruitment case

    • Campbell v Thomas Cook Tour Operations [2014] EWCA Civ 1668 - application of reasonable adjustments in Tunisian airport

    • Preddy and Hall v Bull and Bull, [2013] UKSC 73 – interpretation of sexual orientation services regulations

    • R (on the application of MM and DM) v Secretary of State for Work and Pensions [2013] EWCA Civ 1565 – judicial review based on Equality Act reasonable adjustments provisions of welfare benefits for people with mental health problems, acted for EHRC in High Court, then in Court of Appeal (led by Robin Allen KC)

    • Foster v Cardiff University Appeal No. UKEAT/0422/12/LA; appeal based on interpretation of the reasonable adjustment duty and Employment Framework Directive

    • Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191reasonable adjustments and public functions

    • Hook v British Airways Ltd [2012] EWCA Civ 66– representing the claimant at first instance and in the court of appeal in an appeal against strike out of his claim on the basis that the Montreal Convention took precedence over the regulations for enforcing the EC Regulation on impaired mobility and air travel.

    • Beedles v Guiness Northern Counties Ltd [2011] EWCA Civ 442 – acting for the EHRC which intervened in a case consider the duty to make reasonable adjustments in premises

    • Aylott v Stockton on Tees Borough Council [2010] EWCA Civ 910; acting for the Claimant (led by senior counsel) in an appeal on the interpretation of direct discrimination

    • Nemorin v London Metropolitan University, Central London County Court, 4 August 2011, Claim No. 9EC08072 – representing the claimant in a post-16 claim of disability discrimination against a university. Damages recovered for future loss of earnings and injury to feelings totalling £20500, as well as an order compelling the university to permit the student to re-submit her final project.

    • Patel v (1) Oldham Metropolitan Borough Council and (2) The governing body of Rushcroft Primary School [2010] IRLR 280 – definition of disability, first case on aggregating the effects of different impairments for the purposes of determining where there is a “long term” effect

    • Boyle v SCA Packaging Ltd (Equality and Human Rights Commission intervening) [2009] UKHL 37 – the first case in which the Lords considered the definition of disability for the purposes of section 1 of the DDA in any detail.

    • Allen v Royal Bank of Scotland Court of Appeal [2009] EWCA Civ 1213 in which she obtained a finding of disability discrimination and an order compelling the bank to install a platform lift – the first injunction of its kind; and successfully defended the decision (led by Robin Allen KC) in the Court of Appeal, the first time that consideration had been given by this Court to the physical feature duties of the disability discrimination provisions,

    • Mahad (previously referred to as AM) (Ethiopia) v Entry Clearance Officer (EHRC intervening) [2009] UKSC 16 (16 December 2009) [2009] UKSC 16 – disability and Article 14 of the Human Rights Act 1998

    • R (On the application of Lunt and Allied Vehicles) v Liverpool City Council (EHRC Intervening) CO/6158/2008 (acting as one of the junior counsel for the Claimants) where the public authority function provisions of the DDA were under consideration for the first time.

    • R (FB) v Director of Public Prosecutions (EHRC intervening) [2009] EWHC 106 - acting on behalf of the EHRC in a case which considered the discontinuance of a prosecution on the basis of the victim's mental health

    • Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141 (28 February 2008) acted for the EHRC which intervened, on the impact of the race equality duty on planning appeals.

    • London Borough of Lewisham v Malcolm and EHRC, [2008] UKHL 43, a case which has radically altered the interpretation of disability discrimination.

    • S v Floyd & Anor [2008] EWCA Civ 201 (18 March 2008), on the impact of the Disability Discrimination Act on housing legislation.

Previous
Previous

Declan O'Dempsey

Next
Next

Paul Michell