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Who should be the claimant?

For some types of action, the case will be officially brought by just one person. It is therefore key that this claimant is suitable for the aims of the action.

- Find a claimant who embodies the issue and is discriminated or disadvantaged in an obviously unacceptable way to society in the country – an easier case than a more tenuous discrimination. More obvious breaches of law are easier and therefore more likely that courts will a) find time to hear them and b) feel a desire to address the issues.

- Does the applicant have a family – what could be the effect on them, - govt. backlash? Support in the local community – this is especially important in discrimination cases?

- It is necessary to ensure that the community in whose name policy changing litigation is brought actually benefit from the action.

- It is necessary to convince the court that this individual/group’s issues are being ignored and that they are in the best position to make a stand for them.

- Choose clearly defined victims