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Mishriki v West Midlands Health Authority 2000

Mishriki v West Midlands Health Authority, Court of Appeal (case no A1/1999/1027 on 20th June 2000).

Case Summary

Authority for the propositions that

(i) in discrimination cases comparison should be made with a real comparator if one exists and a hypothetical comparator should not be used if a real comparator is available;

(ii) a long delay by a judge in handing down judgment (in this case a delay of more than 18 months) is to be deplored but does not mean that the judgment must be overruled.

Outline facts

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