Judge issued formal warning over year-long delay in tribunal case

Her Honour Judge Lynn Griffin has been issued with a formal warning for misconduct, the Judicial Conduct Investigations Office (JCIO) said. The sanction was issued by the Lady Chief Justice, with the Lord Chancellor’s agreement, following an investigation under the Judicial Conduct Rules 2023.

The JCIO said it had received a complaint concerning delay in proceedings before the General Regulatory Chamber. After submissions concluded in appeals brought by the complainant, Judge Griffin did not issue judgment or determine post-hearing applications and related matters for a prolonged period of over a year. The case was subsequently directed to be reheard by a different tribunal. A nominated judge found that Judge Griffin had failed to progress proceedings with due diligence by delaying both the issuing of a judgment and the determination of post-hearing applications and related matters, and recommended a formal warning. The Lord Chancellor and the Lady Chief Justice agreed with that recommendation.

Key points

• The JCIO received a complaint about delay in General Regulatory Chamber proceedings.
• Judge Griffin did not issue judgment or resolve post-hearing applications for more than a year after submissions concluded.
• The case had to be reheard before a different tribunal.
• A nominated judge recommended a formal warning, citing the length of the delay, its impact on the parties, the need for a rehearing, and a previous sanction for delay in another case.
• The Lord Chancellor and the Lady Chief Justice agreed with the recommendation.

What happened

The Guide to Judicial Conduct states that judicial office holders should display diligence and care in the discharge of their judicial duties. The JCIO said the complaint concerned delay in proceedings before the General Regulatory Chamber, where Judge Griffin did not issue judgment or determine post-hearing applications and related matters for over a year following the conclusion of submissions. The proceedings were subsequently directed to be reheard by a different tribunal.

Judge Griffin’s representations

In her representations, Judge Griffin said the case was part-heard and that the matters complained of concerned judicial decision-making and case management. She said she had worked regularly on the case throughout the relevant period, that not all correspondence required a response, and that outstanding matters would have been addressed within the judgment. She also cited her workload, leadership responsibilities and personal circumstances in explanation of the delay.

Findings and outcome

Following the investigation, a nominated judge found that Judge Griffin had failed to progress proceedings with due diligence by delaying both the issuing of a judgment and the determination of post-hearing applications and related matters. The nominated judge took into account the mitigation Judge Griffin advanced, including her workload and personal circumstances, but recommended a formal warning having regard to the substantial length of the delay, its impact on the parties, the fact that the proceedings ultimately had to begin again before a new tribunal, and her previous sanction for delay in another case. The Lord Chancellor and the Lady Chief Justice agreed with the recommendation and issued the formal warning.