JCIO 77/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice with the Lord Chancellor’s agreement, has issued Employment Judge Paul Cadney 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 alleging that Judge Cadney had delayed issuing written reasons, which remained outstanding at the time of their complaint to the JCIO. The complaint came from a claimant who was disabled and had been acting in person in the litigation.

EJ Cadney’s representations

Judge Cadney acknowledged the delay in issuing his written reasons. He explained that his usual practice is to retain case papers in anticipation of requests for written reasons but in this instance, although he followed that procedure, he had inadvertently overlooked the oral request made at the hearing. He fully accepted responsibility and apologised for the oversight.

Nominated judge’s findings and recommendation

Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found that the written reasons were issued by Judge Cadney approximately seven months after the oral request had been made at the hearing. The nominated judge found that this delay amounted to misconduct and that Judge Cadney had failed to discharge his judicial duties with appropriate diligence.

The nominated judge noted that Judge Cadney acknowledged the delay, apologised promptly, and issued the written reasons shortly after he became aware that the request was outstanding. In recommending a sanction of formal advice, the nominated judge concluded that the delay was a genuine oversight. It was noted that Judge Cadney had no previous findings of misconduct, although concerns over delays in his work had been raised with him by leadership judges in the past.

Decision

The Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s recommendation and issued Judge Cadney with formal advice for misconduct. 
 

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