JCIO 72/24

     

A spokesperson for the Judicial Conduct Investigations Office Said:

The Senior President of Tribunals, on behalf of the Lord Chief Justice and with the Lord Chancellor’s agreement, has issued Employment Judge David Khan with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office-holders are expected to display diligence and care in the discharge of judicial duties.

A party to proceedings complained that there had been an excessive delay in the handing down of a judgment.

Employment Judge Khan’s representations

In his representations during the investigation, Judge Khan apologised for the delay and lack of updates to the parties. He acknowledged that he had underestimated the amount of deliberation time required and should have discussed the matter with his presiding judge at an earlier stage.

The judge also provided details of personal circumstances which added to his workload pressure.

Nominated judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that there was a delay of over 12 months between a hearing and the issue of the judgment. The nominated judge considered Judge Khan’s personal mitigation, his remorse and his reflections as to how he could avoid the situation from arising in future.

However, the nominated judge concluded that Judge Khan failed to exercise the necessary diligence and care required of an office holder in updating the parties, providing accurate timescales for completion and producing the final judgment.

The nominated judge made a finding of misconduct and recommended a sanction of formal advice.

Decision

The Lord Chancellor and the Senior President of Tribunals agreed with the nominated judge’s findings and 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