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.
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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 commissionās decision not to recommend her āfor 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
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 Commissionās 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 ānot 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 āold boysā clubā.
He said Judge Thomas had been involved in a āparticularly unpleasantā row with a more senior judge.
Mr Justice Swift was told that Judge Thomas had made a ābullyingā allegation.
Mr Bowen said Judge Thomas thought she had been āblackballedā and was concerned about āsecret soundingsā.
He said she saw herself āstuckā in her current role for the ārest of her careerā.
āThere is a long-standing concern that it is a club ā an old boysā club,ā he told Mr Justice Swift.
āIt is easier if you are to enter if you are a white male, a polished professional from a certain social background.
āThere is no doubt that is a concern.
āHer 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
He added: āThere is a real smell about this.ā
Lawyers representing the Judicial Appointments Commission had disputed Judge Thomasās complaints and argued that she should not get permission to pursue her claim.
āThe impact on the claimantās judicial career is said to be āterminalā,ā barristers Robert Moretto and Natasha Simonsen told Mr Justice Swift in a written argument.
āBut that is wrong.ā
They added: āThere is nothing to prevent the claimant applying again.ā
The two barristers went on: āThe claimant considers she has been ātaintedā on account of having made a bullying complaint against a colleague. But that is mere speculation.ā