O'Connor v Bar Standards Board

O'Connor v Bar Standards Board

The claim under Article 14 ECHR was time-barred as the act complained of—the prosecution—concluded with the verdict, and opposing the appeal was not a continuation of the prosecution. No application for extension of time was made, and the court was not obliged to grant one in the absence of such an application.

Source-derived case information.

Parties
Appellant: Daphne Evadney Portia O’Connor; Respondent: Bar Standards Board
Jurisdiction
England and Wales
Judgment Date
25 July 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Article 14 ECHR, Limitation Under Human Rights Act, Indirect Discrimination, Disciplinary Proceedings, Extension of Time
Human Rights Equality and Discrimination Professional Discipline Article 14 ECHR Limitation Under Human Rights Act Indirect Discrimination Disciplinary Proceedings Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Daphne Evadney Portia O’Connor

Appellant

Bar Standards Board

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

  1. 1 Whether the claim under Article 14 ECHR was time-barred under section 7(5) of the Human Rights Act 1998
  2. 2 Whether the prosecution and subsequent opposition to appeal constituted a continuing act for limitation purposes
  3. 3 Whether the court should grant an extension of time under section 7(5)(b)

Ratio Decidendi

The claim under Article 14 ECHR was time-barred as the act complained of—the prosecution—concluded with the verdict, and opposing the appeal was not a continuation of the prosecution. No application for extension of time was made, and the court was not obliged to grant one in the absence of such an application.

Court Disposition

Appeal dismissed