A district judge’s legal challenge over a controversial Judicial Appointments Commission recruitment tool will be heard by the Court of Appeal next month, trade union GMB has announced.

The hearing, on 13 June, will mark Kate Thomas's third bid to challenge the 'statutory consultation' process. 

Thomas’s first bid was rejected last March by Mrs Justice Lang. Nine months later, after hearing submissions from lawyers for Thomas and the JAC during a one-day oral hearing in the High Court, Mr Justice Swift refused permission, saying Thomas’s grounds were not arguable.

‘Statutory consultation’ requires the commission to consult a person who has held the office that candidates are applying for, or someone who has other relevant experience, to ensure that candidates are of good character and have the relevant capability for the role.

GMB, the first trade union to set up a formal branch for judges, said Thomas’s case is seeking to prove that the system is flawed, ‘as after an objective and openly assessed appointment process, the deciding factor may still be anonymous, secret feedback from judges, with no right of reply nor even a right to know what has been said’.

The JAC has been approached for comment.

 

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