Where Is The Interpreter compensation case continues as judge set to rule on claim’s validity (BSL)

To see the BSL translation of this article, thanks to Signly, please click on the signing hands icon at the bottom right side of the page! Then swipe on the text, or click on the play button to see it in BSL.

An ongoing court case over whether 276 Deaf people are entitled to compensation for nine coronavirus briefings which came without British Sign Language (BSL) interpretation passed another stage on Wednesday, with a County Court judge set to rule on its validity.

The hearing at the Royal Courts of Justice follows one held in September, which concluded with a dispute between the two legal teams over when paperwork was filed.

Zoe Levanthal KC, representing the Cabinet Office alongside junior barrister Nathan Roberts, previously argued the claim was not filed within the relevant time limits, with individuals having a deadline of six months after an incident has occurred to bring a claim against someone.

With the first of the nine briefings in question taking place in March 2020, the case would have to have been brought by September 2020. 

While the claimants’ lawyers Theo Huckle KC and Catherine Casserley argue it was, Ms Levanthal KC and Mr Roberts believe it was brought in April 2021, when issues with the claimants’ solicitor Chris Fry paying the necessary court fee was resolved.

Issues given by Mr Fry and his former Fry Law colleague, Carrie Clewes, for the delayed payment include a credit limit on their payment account, “missed phone calls” and “difficulties” with post being redirected from Fry Law’s old address to its new address.

Although the counsels disagree with when the case was brought, both agreed on Wednesday that the claim was issued in April 2021.

In their skeleton argument setting out the case for a strikeout, obtained by The Limping Chicken, the government’s counsel argue on three grounds.

These are that the delay in paying the fee amounts to an “abuse of process”, that there was “substantial” noncompliance following a request from the government to serve the claim, and that the remaining 275 claimants (excluding ‘Where Is The Interpreter’ founder Lynn Stewart-Taylor) “failed” to provide “very basic information” or “plead any case”.

A list of claimants seen by The Limping Chicken include initialised names, and individuals with birthdays which place them as being children – something which Ms Levanthal KC flagged as an issue due to the children not having representation through “litigation friends”.

Mr Huckle KC, representing the 276 claimants, went on to tell the court that no children are part of the claim, and that the individuals are “substantially identified”.

He said there is “no sense in which the court should conclude that there is abusive conduct” in relation to Mr Fry’s payment of the fee, and that there is “uncertainty in law” around payment timeframes.

However, HHJ Dight said he was “struggling” with why payment wasn’t made before March 2021, and that he has received “no explanation for that”.

When the judge noted the court asked for a cheque but “no cheque was made”, Mr Huckle KC responded that Mr Fry “still envisaged to pay [the court fees] by card”.

Good morning and welcome to my live coverage of the latest #WITIThe276 court hearing – the ongoing court case over whether 276 Deaf people should be compensated for nine Covid briefings which came without British Sign Language (BSL) interpretation.

— Liam O'Dell (@LiamODellUK) December 7, 2022

As well as this, Mr Huckle KC and Ms Casserley argue the judge, His Honour Judge (HHJ) Dight, could make a discretionary decision to hear the case anyway by way of an extension, should he initially conclude the paper failed to be filed within the necessary time limits.

The hearing concluded at around 4:30pm without Ms Levanthal KC issuing a final reply to Mr Huckle KC’s submissions, due to time constraints, with the government lawyer instead confirming she would provide a reply in writing by 12pm tomorrow.

The Limping Chicken understands it will then be for HHJ Dight to rule on whether the case was brought within the six-month deadline, and if it wasn’t, whether an discretionary extension to hear the case could be granted or it should be struck out altogether.

HHJ Dight confirmed the judgement would be read out orally at a later date.

Commenting on today’s hearing in a Facebook livestream, Lynn thanked people for their support and said “all we can do now is wait and see”.

Mr Fry told The Limping Chicken: “We’ve had a challenging day in court today, and we hope we will soon be able to focus on the main issue here: lack of BSL Interpreting at the beginning of the pandemic.”

Full coverage of Wednesday’s hearing from reporter Liam O’Dell can be found on Twitter.

Photo: Steve Cadman/Flickr.

By Liam O’Dell. Liam is an award-winning Deaf freelance journalist and campaigner from Bedfordshire. He can be found talking about disability, theatre, politics and more on Twitter and on his website.