R (Thomas) v Judicial Appointments Commission — [2025] WLR(D) 394

R (Thomas) v Judicial Appointments Commission — [2025] WLR(D) 394

NATURAL JUSTICE — Decision-maker — Duty to be fair — Claimant district judge applying for position as circuit judge — Consultation process not fully explained to candidate by appointments commission — Information including negative material gathered on candidate by consultee from sub-consultees — During consultation process panels’ assessment of candidate as selectable downgraded by selection committee to not selectable resulting in candidate’s …

Court of Appeal hands down judgment in the retained judicial review of R(Thomas) v Judicial Appointments Commission, holding that negative information received about applicants for judicial office must be used fairly - Old Square Chambers

On 17 July 2025, the Court of Appeal handed down judgment in the retained judicial review of R(Thomas) v Judicial Appointments Commission [2025] EWCA Civ 912, finding that the reliance by the Judicial Appointments Commission (“the JAC”) on “statutory consultation” was not of itself unlawful but that negative material obtained during that process must be used fairly. In so finding, the Court of Appeal held that the Constitutional Reform Act 2005 …