Human Rights Act 1998 has not modified the principle of judicial immunity


Re: Mazhar v the Lord Chancellor [2017] EWHC 2536

Claim brought under the Human Rights Act 1998 in respect of an order made by a High Court judge without notice and out of hours for the forcible removal of the claimant from his family home. The Court concluded that there was nothing in the 1998 Act that provided a power to a court or tribunal to make a declaration against the Crown in respect of a judicial act. The Act had not modified the constitutional principle of judicial immunity.

Nick Armstrong was involved in this case.