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Millin v Capsticks LLP - Litigant in person v Queen’s Counsel - Equality of arms [2013] EAT

An experienced employment barrister claimant advocating against leading Counsel was found to have lost her sex discrimination claim fairly: the ET ensured complete equality of arms.

Ms Millin raised 27 counts, leading to 70 separate issues, of sex discrimination against the solicitors firm, Capsticks LLP and others, who employed her as a practising barrister. Capsticks instructed a QC to represent it at the Employment Tribunal and Ms Millin represented herself. Following a finding in Capsticks' favour this appeal was made on the basis of inequality of arms namely that the inequity in representation was unfair. A prior complaint of Judicial bias was withdrawn. At this appeal Ms Millin was also represented by a QC. Article 6 of the European Convention on Human Rights was considered on the right to a fair trial as was the Bar Standards Board Code of Conduct. There was no suggestion that the barrister for the solicitors firm or Ms Millin had been in breach of any of the Bar's Conduct rules but Ms Millin’s credibility was at issue in this case.

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