Who judges the judges?

Judges hold in their hands enormous power. They can deliver justice and they can destroy lives. But they are only human, made from the same crooked timber of humanity as the rest of us. And so it’s vital they have effective oversight – to make sure they use their power to serve the rule of law and not their personal prejudices.

Most lawyers could share with you stories of judges behaving badly – of bullying or misogyny or racism. But few have a reputation as bad as Judge Philip Lancaster’s. 

He has been the subject of multiple complaints. In April 2024 [1] the BBC reported on complaints from five women of “bullying and misogyny”; of what they described as his “degrading behaviour”. And then in September, the BBC reported that three more women [2] had come forward. And they are not the only ones: Good Law Project is aware of 10 complaints in all, including by two doctors, a nurse and a number of whistleblowers.

Each of those complaints represents a personal tragedy. And their experiences are remarkably similar. But Judge Lancaster has refused to hand over his own notes to enable the hearings to be investigated. And the body that is supposed to ensure judges behave properly – the Judicial Conduct Investigations Office (JCIO) – has refused to take their complaints seriously. 

What happens now is uncharted territory. But we want to chart it.

The first step is to obtain advice on how to make sure the complaints of these women are properly heard, to make sure that women who come before Judge Lancaster in future are protected.

The legal team will advise on developing a strong case to challenge the failure of the JCIO to investigate Judge Lancaster’s alleged misconduct and to highlight the systemic issues with the employment tribunal system, especially in respect of women and minoritised groups, which are illustrated by this case.

Working with Good Law Project, the women have instructed a stellar team of all women lawyers including Emily Soothill of Deighton Pierce Glynn, Dr Charlotte Proudman and a prominent King’s Counsel.

They have together agreed to give advice for a capped fee. If the advice is positive, unless the JCIO changes course, we will then help them bring legal proceedings.