JCIO 43/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Insolvency and Companies Court (ICC) Judge Catherine Burton with formal advice for misconduct.

The Guide to Judicial Conduct requires judicial office-holders to display diligence and care in the discharge of judicial duties.

Nominated judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that ICC Judge Burton had taken 16 months to provide parties with a judgment on costs and that this delay amounted to misconduct. Whilst the nominated judge found that several emails from the parties chasing the judgment were not referred to Judge Burton, there were still sufficient opportunities for the judge to have prepared her judgment in a timelier manner. Judge Burton was aware that the judgment was outstanding and had kept the papers in her room for that purpose.

Judge Burton’s representations

Judge Burton recognised her responsibility for the unsatisfactory state of affairs and gave a public apology to all the parties within her judgment. She said that, in future, she would ensure cases would be automatically allocated to a future hearing where there was insufficient time to hear the matter. She said that she had raised the issue with the lead clerk to ensure that significant emails were passed promptly to judges in future.

Decision

Having considered the mitigation offered by Judge Burton, the Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s recommendation.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website