JCIO 59/26

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued District Judge (DJ) Allan Pickup 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 received a complaint from a litigant in person alleging that, as at 11 weeks after the hearing, DJ Pickup had not yet issued written confirmation of an undertaking and an adjournment order, despite repeated requests to the court.

The complainant alleged that, in the absence of written confirmation of the undertaking or adjournment order, they were unable to take enforcement action in relation to the undertaking and considered themselves to be left in a vulnerable position.

District Judge Pickup’s representations

In his representations, DJ Pickup accepted that he did not draw the undertakings and approved order for over 12 weeks after the hearing. He explained that the delay was due to the pressure of court lists and boxwork, and that he had sought advice and assistance from his leadership judge in order to avoid a recurrence.

Without minimising the delay, DJ Pickup stated that during the hearing he fully explained the terms and consequences of the undertakings to the litigants.

Nominated judge’s findings and recommendation

Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found that DJ Pickup failed to provide the written undertakings and approved order until 12 and a half weeks after the hearing. The nominated judge concluded that, in the context of proceedings involving litigants in person and the serious and sensitive nature of the proceedings, the delay amounted to misconduct.

In reaching that conclusion, the nominated judge took into account that DJ Pickup had recognised the delay, sought advice and assistance from his leadership judge, and drafted the undertakings and order prior to becoming aware of the complaint. However, these mitigating factors were outweighed by the impact of the delay on the complainant.

The nominated judge recommended that DJ Pickup should receive formal advice.

Decision

The Lady Chief Justice and the Lord Chancellor took note that DJ Pickup had recently been issued with formal advice in relation to a delay in a separate matter. After careful consideration, the Lord Chancellor and the Lady Chief Justice agreed with the recommendation to issue DJ Pickup with formal advice. In reaching their decision they took into account the delay in this case was significantly shorter. 
 

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