BREAKING: Where Is The Interpreter compensation case struck out by judge over time limits (BSL)

A compensation claim brought forward by Deaf campaigner Lynn Stewart-Taylor and 275 other Deaf individuals relating to nine inaccessible Covid briefings has been struck out and dismissed, after it was not brought forward within the necessary time limits.

The first hearing to discuss the case was held at the Royal Courts of Justice in September, before it was postponed to a second hearing in December as both parties argued over whether the appropriate paperwork was submitted in time.

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 in December that the claim was issued in April 2021.

In his judgment, handed down on Friday, His Honour Judge Dight agreed with the UK Government’s call for the application to be struck out, and said: “If the test is that the claim is brought when the documents and the appropriate fee is paid the answer is that the claim was brought in March 2021, not in September 2020.

“If the test is wider, namely, when did the claimants do all that they reasonably could ‘to bring the matter before the court for its process to follow’ the answer is the same. In my judgment the claimants, via their solicitors, failed to do all that they reasonably could in the steps which they took between September 2020 and March 2021 to pay the issue fee.”

Mr Huckle KC previously argued HHJ Dight could agree to extend the time period to cover the period between September 2020 and March 2021, so that the claim remains valid.

However, on this point, HHJ Dight continued to say it would not be “just and equitable in all the circumstances”, that “time limits are to be observed and an extension is exceptional”, and that the claimants’ argument that it is a “technical issue” would “trivialise the importance of time limits”.

His judgment concludes by saying the claim “was not brought within the principal or secondary time limits”.

It is unclear whether the judgment can be appealed by the Deaf claimants, and their solicitor – Chris Fry – has been approached by The Limping Chicken for comment.

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.

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Update – 16:40: In a video posted to YouTube, #WhereIsTheInterpreter founder Lynn Stewart-Taylor said she is “really disappointed” about the judgment.

She continued: “So now, I’m waiting to see what the judge says, what’s his reasoning? I need to have a meeting with the legal experts to discuss the aspects of this, what exactly the reasoning is behind this.

“From that I will ensure to share with you all this important information. Once I know, you will know. Please give me time to read through everything and plan what to do next, so we can know what action needs to be taken next.”

She concluded by thanking viewers for waiting and their support over “nearly three years”.

With thanks to Stephanie Raper for transcription support with Lynn’s video.