Nicole Pearson resists application to reinstate misfeasance in public office proceedings against three judges

Nicole Pearson recently acted for a Circuit Judge and two District Judges in a Claimant’s application to re-instate proceedings in a claim for damages relating to various allegations of judicial impropriety in the course of family proceedings some years prior. The Claimant alleged misfeasance in the public office, breaches of the Equality Act 2010, and violations of human rights, contending that the Defendant judges were necessarily acting “outside their jurisdiction” by failing to make disability-related adjustments.

The application was successfully resisted on the basis that judges have “judicial immunity” from civil proceedings arising from anything said or done in the exercise of their jurisdiction. The court was reminded that “jurisdiction” and “judicial acts” should not be construed narrowly, the principle being designed to ensure judges are able to carry out their duty with complete independence and free from fear. In the circumstances, the Claimant’s remedy would be to exercise his right of appeal in relation to the underlying proceedings.