England: QC highlights problem of ‘judicial bullying’

Professor Jo Delahunty QC, of 4PB Chambers and Gresham College in London, said barristers have complained about having been humiliated by “judicial bullying”, though in a minority of cases.

Writing for Counsel magazine, she asked: “Are there judges who abuse their position by being unjustifiably rude, hostile, unfairly critical of and abusive towards lawyers who appear before them?”

She added: “Yes: it is an issue for small minority of judges.”

Professor Delahunty said she had experienced bullying herself.

“It has happened to me. From my knowledge of, and practice in, the family bar I have been given clear, corroborated accounts of it occurring in the High Court. I have been told of it in the county court.”

She added: “I have received emails from members of the bar at all levels of call who have experienced judicial bullying and felt deskilled and humiliated as a result. Let me make plain that we are talking of judicial behaviour well beyond the grumpy, peeved or abrasive.”

The QC conceded that a judge could have an “off day” but contrasted this with “bullying by sarcastic comment, disparagement, rudeness and obvious disrespect”.

In 2016-17 the Judicial Conduct Investigations Office (JCIO) received 2,126.

Stephanie Hack, the joint head of JCIO, has said: “It is a testament to the high standards of conduct maintained by judicial office holders that, in 2016-17, only 42 investigations resulted in the lord chancellor and lord chief justice taking disciplinary action”.

Andrew Walker, QC, chairman of the Bar Council, said: “We strongly condemn any bullying or inappropriate treatment of our members by judges or by any other legal professionals they encounter.

“We know it can happen, and we have resources available to support barristers on our Wellbeing at the Bar website, and we can give advice and guidance via our confidential helplines.”