Adam Wagner successfully acted for the Ministry of Justice in the appeal against a strike out of a claim brought under Article 6 ECHR and the EU Charter.
This claim arose after the claimants, Mr and Mrs Begraj’s, employment tribunal claim collapsed in 2013. After around six weeks of evidence the tribunal recused itself due to apparent bias. The case was widely reported in the media as it was the first attempt to bring a claim for “caste discrimination” under equalities legislation. In June 2014 the claimants were unsuccessful in their appeal to the Employment Appeal Tribunal against the recusal.
The claimants/appellants brought a claim against the Ministry of Justice for damages for breach of Article 6 ECHR and/or the EU Charter. They argued that they should be compensated under human rights and EU law for the legal costs they had incurred due to them having to take part in a newly constituted tribunal (yet to be heard).
The claim was struck out in October 2014. The appeal against that strike out was dismissed by HHJ McKenna sitting in the High Court on 12 February 2015.
The full judgment can be read here ((1) Begraj (2) Begraj v Secretary of State for Justice. EWHC 250 QB).