JCIO 29/26

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Mr Justice Derek Sweeting with a formal warning for misconduct.

Facts

The JCIO received a complaint from a solicitor concerning a delay of approximately 20 months in handing down a judgment following a hearing in April 2023. The complainant stated that they had contacted the court several times to chase the outstanding judgment.

Mr Justice Sweeting’s representations

Mr Justice Sweeting acknowledged his personal responsibility to deliver judgments within a reasonable time. He stated that he had overlooked the judgment and largely attributed this to sustained and unusually heavy workload pressures, including repeated short notice deployment to complex criminal trials. He also explained that during a period of transition in clerking arrangements, he failed to record the case within his tracking system. He also stated that he was unaware at the time of the solicitor’s chaser correspondence sent to the court.

Nominated judge’s findings

A nominated judge found that the Judge had failed to deliver judgment within a reasonable time, and that this delay of over 20 months amounted to misconduct. The nominated judge found that around six months after post hearing submissions had been provided, assurances had been given that the judgment would soon be delivered and therefore the Judge had been aware of the outstanding judgment at that time, however the judgment was ultimately not delivered during that period. The nominated judge found that in the months that followed, the outstanding judgment then came to be forgotten by the judge. While administrative failures were relevant background, they did not displace the judge’s personal responsibility.

The nominated judge recommended a formal warning.

Decision

The Lady Chief Justice and the Lord Chancellor accepted the nominated judge’s recommendation and issued Mr Justice Sweeting with a formal warning.

In reaching their decision, they took into account two previous sanctions issued to the judge for delayed judgments: formal advice in 2023 and a formal warning in 2026. After careful consideration, they concluded that a more serious sanction would be disproportionate on this occasion, given the overlap in time with the previous incidents of delay and the fact that there have been no further complaints of delay requiring investigation in the meantime. 
 

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