Begraj and another v Secretary of State for Justice

Practice – Striking out. The appellants appealed against the striking out of their proceedings for infringement of their rights under art 6 of the European Convention on Human Rights, by virtue of the employment tribunal's recusal. The Queen's Bench Division, in dismissing the appeal, held that the immunity for a 'judicial act', under s 9(3) of the Human Rights Act 1998, was not limited to acts or decisions which could be the subject of appeal or judicial review. On that basis, the judge had been correct to strike out the appellants' claims, notwithstanding the error in holding that s 2(5) of the Crown Proceedings Act 1947 had applied.

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