In British Medical Association v Chaudhary [2007] EWCA Civ 788 the Court of Appeal overturned a tribunal's decision, that the BMA had indirectly discriminated against its member on grounds of race, on the ground that it was perverse. When the evidence was analysed, the tribunal's essential findings of fact had no foundation. Since those findings formed the basis for the inference that the BMA had imposed a condition or requirement for members not to allege race discrimination against one or more of the medical regulatory authorities, in order to receive support, the tribunal's inference was unsustainable.

The tribunal had erred in law when it held that the BMA's failure to review its refusal to support the member's claims was an act of victimisation (prompted by the member's suggestion that the BMA was discriminating against him). Applying the House of Lords decisions in West Yorkshire Police v Khan [2001] ICR 1065 and St Helens BC v Derbyshire [2007] UKHL 16, the only conclusion the tribunal could have come to was that the BMA had been entitled to protect its position in litigation threatened against it.

In overturning the tribunal's decision, the Court of Appeal set aside the £814,877.41 the tribunal had awarded.