A member of the GMB trade union’s dedicated branch for members of the judiciary is challenging the Judicial Appointments Commission (JAC) over the statutory consultation process by which feedback on a prospective appointment is solicited from senior judges but not shared with the candidates.

The statutory process was intended to replace the informal “secret soundings” which had taken place in the past — but has been criticised as recreating the same inequity and allowing an “old boys’ network” to retain significant influence.

Kate Thomas, a judge with 30 years’ experience in the legal profession, will argue that the system is flawed and unfair.

Stuart Fegan, GMB senior organiser, said: “How can it be right the deciding factor in appointing a judge can be anonymous, secret feedback with no right of reply or even a right to know what has been said? It goes against everything our justice system stands for.

“This case is about dismantling a system that perpetuates appointments of white, male and privately educated judges, whilst excluding others. It could blow up the whole old boys’ network.

“GMB always seeks to highlight injustice, bullying and discrimination wherever it exists, and this outdated practice needs to be consigned to the history books.”

The judicial review will be heard in the Court of Appeal on 2 and 3 July 2025.