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4 New Square race claim to go to the EAT

Dr Aisha Bijlani has won permission to appeal from Langstaff J in respect of her claims for racial and disability discrimination against four members of 4 New Square Chambers, according to an article in The Lawyer dated 27 June 2011. Bijlani’s counsel argued that chambers’ failure to dismiss its clerks meant it had tolerated a racist clerking room.

Allowing the application, Langstaff J concluded: “If that’s the proper interpretation of it, then it’s arguable that the reputational aspects of chambers may have a link with race; and it’s arguable, perhaps, that the conclusion which the Tribunal came to was not one which the Tribunal might have been entitled to come to had it appreciated, as it ought to have done on this argument, that part of the reasoning had regard to issues of race.”


Case report by Barbara Hewson