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Two Judges Face Disciplinary Action Over Delayed Court Judgments

Court Judgment Delays

Two judicial office holders have received disciplinary sanctions following delays in delivering court judgments, according to statements published by the Judicial Conduct Investigations Office (JCIO).

Mrs Justice Naomi Ellenbogen, a High Court judge, received a reprimand for misconduct, while Richard McGrane, a recorder, was given formal advice after separate complaints concerning delays in handing down judgments.

The Guide to Judicial Conduct states that judges are expected to carry out their duties with diligence and care, including delivering judgments within a reasonable timeframe.

The JCIO received a complaint in February concerning Mrs Justice Ellenbogen’s failure to deliver five judgments. The delays ranged from eight to 13 months following the respective final hearings.

In response, Mrs Justice Ellenbogen acknowledged the importance of delivering judgments promptly and apologised for the delays. She explained that she had underestimated the time needed to complete the judgments and that significant workload pressures had contributed to a growing backlog.

She also highlighted the complexity of the cases, her wider judicial responsibilities and personal circumstances as factors affecting the time available for judgment-writing. While she argued that these circumstances should be considered when assessing the delays, she accepted that communication with the parties could have been more proactive and expressed regret.

Following the investigation, the Lord Chancellor and Lady Chief Justice agreed with the investigating judge’s recommendation that she should receive a reprimand. At the time of the decision, three of the five judgments were still outstanding.

A separate complaint concerned Recorder Richard McGrane, who faced disciplinary action over a written judgment that had been delayed by almost a year.

Mr McGrane accepted responsibility for the delay and explained that he had been preparing two lengthy and complex reserved judgments at the same time. He also referred to difficult personal circumstances and IT problems that affected the completion of the judgment.

According to the JCIO statement, he said the parties had been kept informed of progress and that completing the judgments had remained a priority.

The Lord Chancellor and Lady Chief Justice accepted the nominating judge’s recommendation that Mr McGrane should receive formal advice.

The two cases highlight the importance of timely judgment delivery and effective communication with parties involved in court proceedings. They also underline the expectation that judicial office holders must manage their responsibilities carefully to avoid prolonged delays in the administration of justice.

This article is published for general legal news and information purposes only.

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