(2015) Advising and acting for a solicitor and LLP member in relation to an appeal to the Employment Appeal Tribunal concerning the striking out of his PIDA claim on the basis of
judicial proceedings immunity (the claim settled shortly before the EAT hearing).
Not exact matches
(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys
immunity from
judicial proceedings and is not subject to the jurisdiction of the State Courts».
Whether no jurisdiction to hear
proceedings owing to sovereign
immunity under the State Immunity Act 1978, or the doctrine of judicial self re
immunity under the State
Immunity Act 1978, or the doctrine of judicial self re
Immunity Act 1978, or the doctrine of
judicial self restraint.
Employers within the regulated professions are certain to retain the benefit of
judicial immunity in relation to statutory disciplinary
proceedings, but would be well advised to be aware of its limits.
In the context of solicitors» disciplinary
proceedings, the High Court in Baxendale - Walker v Middleton [2011] EWHC 998 (QB), [2011] All ER (D) 242 (Apr) struck out claims against parties involved in solicitors» disciplinary
proceedings against the claimant, as the hearing was covered by
judicial immunity and the claims amounted to a collateral attack upon the final decision.
Traditionally, such attempts have been roundly rebutted by invoking absolute
judicial immunity, which protects those involved in
proceedings (or in their preparation) from liability.
This appears to undermine the established principle that the ET may not substitute its decision for that of the employer but only establish whether it fell within the band of reasonable responses Post-Lake decisions on
judicial immunity as applied to disciplinary
proceedings are of some assistance in pinpointing its impact.
Immunity applicable to
judicial and «quasi-
judicial proceedings» is a mainstay of English law.
It is also clear that such intimidatory conduct would not form part of the
judicial proceedings so as to attract
immunity and, if sufficiently closely connected to the employment relationship, could give rise to a further actionable claim of unlawful discrimination.
The new claim was rejected by the tribunal on the basis that the matters he sought to complain about attracted
immunity because they were things said or done in the course of
judicial proceedings.
(b) Acts undertaken by a prosecutor in preparing for the initiation of
judicial proceedings or for trial, and which occur in the course of his role as an advocate for the State, are entitled to the protections of absolute
immunity.
Husband then sued both pro tem judge and Love (wife's attorney) for civil damages, mainly claiming as damages the attorney's fees he incurred in the first round of litigation due to Love's conduct after previous
proceedings resulted in a consensus that the pro tem judge had
judicial immunity.