The 13 claimants who allege bullying and misogyny by judge Philip Lancaster, most of them women, took their complaints against the JCIO to a new level last week when their all women team of lawyers issued what is known as a ” letter before action” to the investigatory body.

Their lawyers, DFG, standing for Deighton, Pierce and Glynn, have given the JCIO until Monday to reply or face action for a judicial review.

The statement in their letter reads in bold type: “By this Group Complaint, we are therefore requesting the JCIO to open a proper investigation into the cases of all these complainants on the grounds that it is now clear that Judge Lancaster has repeatedly engaged in misconduct in his judicial role over many years.

“The misconduct consists of regular bullying of litigants-in-person and legal representatives, including shouting, harsh and inappropriate personal criticisms, intimidation and interruption of evidence.
We make clear that if this longstanding pattern of Judge Lancaster’s misconduct is not properly investigated by the JCIO we intend to challenge that decision by way of judicial review.

As I reported in Byline Times earlier this year ( see the article here) the Good Law Project first announced it was backing the then ten women who had faced bullying and misogynist comments from the elderly judge. Since then they have been joined by men who say they faced the same bullying tone from the judge who sits on the Leeds employment tribunal.

The campaign began after the treatment of Alison McDermott, the now famous whistleblower, who exposed bullying and harassment at Sellafield nuclear waste facility, only to be bullied and rudely treated herself by judge Lancaster and lawyers representing Sellafield and the Nuclear Decommissioning Authority.

Barry Clarke, President of the Employment Tribunal system, claimed she was fit to lodge a complaint — despite having no medical qualifications and ignoring a GP’s note saying she was suffering from severe clinical depression. He used this self-made “diagnosis” to deny her an extension, effectively blocking any investigation into Judge Lancaster, even as serious complaints from others were piling up.

The ramifications of what has happened since are causing serious problems for the nuclear waste plant and the judiciary. MPs on the Public Accounts Committee are now sceptical of claims by the top executives at the plant that there is no bullying or harassment and one MP, Anna Dixon, the new Labour MP for Shipley, and a member of the PAC, demanded in public that the chief executive of Sellafield apologise to her for the way Sellafield has behaved to her.

Meanwhile, Baroness Harriet Harman is conducting a separate investigation, with the support of the Bar Standards Board, into sexual harassment at the bar and in the judiciary — and has reportedly taken a direct interest in the Lancaster complaints.

Lawyers have demanded the JCIO does a complete and thorough investigation into Judge Lancaster.

1 A comprehensive review of all complaints submitted against Judge Lancaster, including those previously dismissed without investigation.
2 Statements from each complainant to ensure their full accounts are properly recorded and considered.
3.Interviews with relevant witnesses — including legal professionals, medical experts, accredited journalists, and public observers who attended the hearings and submitted complaints or documentation.
4 Consideration of the Employment Appeal Tribunal’s formal criticisms of Judge Lancaster’s conduct as part of the evidentiary record.
5 An analysis of Judge Lancaster’s written judgments to identify recurring patterns of reasoning, tone, and language indicating systemic bias. We have found consistent indicators of gender bias in descriptions of female claimants versus male respondents, including demeaning language, unsupported
character judgments, and disparate procedural treatment.

The JCIO originally said it did not comment on individual cases but now says it considers complaints carefully.

This is not the view of the complainants, their lawyers, and soon I expect if this gets more coverage, the general public.