JCIO 108/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Mrs Justice McGowan DBE 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. The JCIO’s guidance on misconduct and recommending sanctions explains that a question of misconduct may arise where the time taken to complete a judgment exceeds three months from the conclusion of the hearing or trial.

In May 2024, a solicitor complained to the JCIO that Mrs Justice McGowan was yet to issue her judgment following a hearing in April 2023. The complainant also stated that the judge had not updated the parties on when the judgment would be forthcoming.

Mrs Justice McGowan handed down her judgment in early February 2025.

Mrs Justice McGowan’s representations

Mrs Justice McGowan accepted responsibility for the delay and apologised. She acknowledged that she had not organised her time effectively enough. She has since reduced her commitments as she had realised that her workload was too great at the time. She had planned to complete the judgment in September 2024, but had not been able to do so as she needed to deal with an application to reopen submissions, filed by one of the parties.

Nominated judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that there had been a 15-month delay in issuing the judgment, which amounted to misconduct. This period took into account that the time attributable to dealing with the September 2024 application should not be counted towards the totality of the delay.

In recommending a sanction of formal advice, the nominated judge acknowledged that Mrs Justice McGowan had accepted responsibility for the delay, apologised and taken steps to reduce the risk of delays in future.

Decision

The Lady Chief Justice and the Lord Chancellor agreed with the nominated judge’s recommendation to issue Mrs Justice McGowan with formal advice. In doing so, they noted that the judge had a previously unblemished disciplinary record.

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