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Is PIL for me?

Public interest litigation (PIL) can help you if you are trying to achieve a particular goal by using the law, specifically through litigation connected with certain issues or topics of public interest.

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When to use public interest litigation

Use public interest litigation if you want to:

  • seek compensation for something that happened
  • stop or prevent someone from doing something
  • establish or enforce your rights
  • strengthen your position when faced with a strong adversary
  • tell your story to a court or tribunal
  • find out information
  • enable the truth to be heard, even in a situation where you lose your case and the status quo is preserved
  • use legal action as part of a wider campaign. The ideal litigation is one in which the mere act of bringing the case can help you meet your goal, regardless of the outcome
  • establish a point of principle
    overturn an unjust law or government action
    force someone to do something that will help to redress a harm you have suffered or are suffering
  • seek a settlement of your claim or an agreed solution to your problem.
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When not to use public interest litigation

Do not use public interest litigation if:

  • You need a very quick solution. Although courts can grant urgent or emergency orders, litigation can take many months or years, leading to high legal bills. At a national level, it can take two to three years for litigation to reach its conclusion. At an international level, this timescale can double.
  • It will damage your reputation or credibility
  • It will exhaust your energy or resources
  • It will close the door to other easier ways to reach your goals
  • you only have a moral case, rather than a legal one
    the facts are very unclear, or there is serious doubt whether you can establish these facts
  • the risk of losing your case is high, and the implications of such a loss will make your situation worse.
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Legal issues where public interest litigation can help

These links explain the legal aspects of problems in the following areas:

  • Land rights
  • Environmental or pollution issues
  • Problems resulting from climate change
  • Right to information
  • Human rights of various types (economic, social, cultural, civil and political rights)
  • Constitutional Rights which you may have under your constitution
  • Corruption
  • Gender issues
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Action4Justice is a group of NGO’s united to support public interest litigation worldwide as a means to advance social justice.

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