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Judge loses High Court fight after failing to get promotion

District Judge Kate Thomas took legal action against the Judicial Appointments Commission after failing in a bid to become a circuit judge.

Brian Farmer
Wednesday 06 December 2023 11:40 EST
District Judge Kate Thomas outside the Royal Courts of Justice in central London, where she has taken legal action against the Judicial Appointments Commission (Yui Mok/PA)
District Judge Kate Thomas outside the Royal Courts of Justice in central London, where she has taken legal action against the Judicial Appointments Commission (Yui Mok/PA) (PA Wire)

A 52-year-old woman judge has lost a High Court fight after failing to get promotion.

District Judge Kate Thomas, who oversees hearings at Walsall County Court in the West Midlands, took legal action against the Judicial Appointments Commission after failing in a bid to become a circuit judge.

She said the commissionā€™s decision not to recommend her ā€œfor appointment to the office of circuit judgeā€ was unfair.

The commission disputed her claim, and a High Court judge on Wednesday ruled against her.

There is a long-standing concern that it is a club - an old boys' club

Nicholas Bowen KC, representing Judge Thomas

Mr Justice Swift, who had considered arguments at a High Court hearing in London, concluded that Judge Thomas did not have an arguable case.

He heard that the Judicial Appointments Commissionā€™s Selection and Character Committee had decided that Judge Thomas, who hears civil and family cases in Walsall and works as an assistant coroner in Kent, was ā€œnot presently selectableā€.

Barrister Nicholas Bowen KC, who represented Judge Thomas, told Mr Justice Swift that there was a long-standing public concern about judges being part of an ā€œold boysā€™ clubā€.

He said Judge Thomas had been involved in a ā€œparticularly unpleasantā€ row with a more senior judge.

Mr Justice Swift was told that Judge Thomas had made a ā€œbullyingā€ allegation.

Mr Bowen said Judge Thomas thought she had been ā€œblackballedā€ and was concerned about ā€œsecret soundingsā€.

He said she saw herself ā€œstuckā€ in her current role for the ā€œrest of her careerā€.

ā€œThere is a long-standing concern that it is a club ā€“ an old boysā€™ club,ā€ he told Mr Justice Swift.

ā€œIt is easier if you are to enter if you are a white male, a polished professional from a certain social background.

ā€œThere is no doubt that is a concern.

ā€œHer concern is that because she has had the gumption and courage to stand up for herself that has somehow gone against her.ā€

The claimant considers she has been 'tainted' on account of having made a bullying complaint against a colleague. But that is mere speculation

Robert Moretto and Natasha Simonsen, representing the Judicial Appointments Commission

He added: ā€œThere is a real smell about this.ā€

Lawyers representing the Judicial Appointments Commission had disputed Judge Thomasā€™s complaints and argued that she should not get permission to pursue her claim.

ā€œThe impact on the claimantā€™s judicial career is said to be ā€˜terminalā€™,ā€ barristers Robert Moretto and Natasha Simonsen told Mr Justice Swift in a written argument.

ā€œBut that is wrong.ā€

They added: ā€œThere is nothing to prevent the claimant applying again.ā€

The two barristers went on: ā€œThe claimant considers she has been ā€˜taintedā€™ on account of having made a bullying complaint against a colleague. But that is mere speculation.ā€

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