O’Brien, the part-time recorder whose argument that he be entitled to a judicial position succeeded in the European Court of Justice and the Supreme Court, is entitled to compensation “of an interest like nature because of the delayed payment of his pension”, an employment tribunal has held.
In O'Brien v Ministry of Justice [2013] ET (Case No: 2202623/05), Judge Macmillan said O’Brien was “the standard bearer for a growing army” of fee paid judicial office holders. He said: “This is the first of what is likely to prove a fairly lengthy series of hearings, some, as here, concerned only with remedy, others with liability, including entitlement to bring proceedings.”
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