Expert witness service

There have been a significant number of legal challenges concerning discrimination and the accessibility of websites and software applications that have taken place in the UK. No organisation wants to make legal history by becoming the first company, charity or government body to be ruled against in a court or tribunal - and to date all cases, with the exception of one, have agreed to make a financial settlement in favour of the claimant before the formal legal process had reached its final ruling. We don’t hear about these cases as anonymity is a condition of settlement.

The recent unique case of Ms Latif vs PMI (Project Management Institute) hinged upon the accessibility of a web-based testing program used in a professional qualification. The court found in favour of the claimant (who is blind) and made the defendants pay damages for discriminating against her in the exam due to the inaccessibility of the testware.

This has been the only case to date in the UK that has tested the DDA (Disability Discrimination Act) in this area and it has found in favour of the claimant.

Charteris commissioned AbilityNet’s Robin Christopherson as the expert technical witness;

“We were delighted to be able to provide such a highly qualified and effective expert to act at short notice in this important but unusual case.” commented Chris Rees, Head of Charteris Expert Practice.

(Download the key judgement of Latif v Project Management Institute)

AbilityNet is able to provide expert witness services in cases of legal challenge over the accessibility of websites, intranets, standard or bespoke software applications, or entire IT systems.

The requirements for an expert witness include appropriate qualifications, courtroom experience, practical knowledge, good communication skills, objectivity and the ability to understand the needs of a case.

Areas of expertise include:

websites and their evaluation for practical accessibility and usability
software applications and their evaluation for practical accessibility and usability
evaluation of internal IT systems for practical accessibility and usability
analysis of component tasks in a job role and their evaluation for practical accessibility and usability
analysis of management processes and their impact upon the claimant.

AbilityNet experts have both the technical knowledge and the experience required to help in the successful and efficient resolution of legal cases.

Please ask us for more information.

For more information:

Email accessibility@AbilityNet.org.uk
Phone 0800 269545

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