The applicants sought to challenge the practice of employment tribunals not to record their proceedings. They wished to allege perjury by a witness but had found that no prosecution would flow without a record.
Held: the application for judicial review was unarguable and failed. ‘Article 6 requires that the claimant should have had a full and public fair hearing, where his rights were in issue, as they were. The absence of recording equipment is, however, entirely irrelevant to whether the hearing itself is fair or not. ‘
Judges:
Hughes J
Citations:
[2004] EWHC 3385 (Admin)
Links:
Statutes:
European Convention on Human Rights 6
Jurisdiction:
England and Wales
Employment, Litigation Practice, Human Rights
Updated: 17 October 2022; Ref: scu.226936