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On 15 September 2026, pursuant to a settlement agreement reached between FUL and the JSC in the matter FUL v the JSC and Others (case number 2023-129593) ("FUL v JSC"), the court ordered the JSC to publish for comment the latest iteration of the JSC Criteria and Guidelines for Judicial Appointment, to take a decision in relation to the review and consideration of the guidelines at its meeting in October 2026, and publicly announce its decision in this regard, once a decision is made.

The settlement agreement requires the JSC to publish revised guidelines and request public commentary on the revised guidelines.  Furthermore, the JSC is required to adopt the revised guidelines at its next meeting in October 2026. (A copy of the court order dated 15 September 2026 is attached.)

The FUL v JSC matter arose from a failure by the JSC to recommend sufficient candidates to fill the vacancies at the Supreme Court of Appeal in circumstances where the Deputy President of the Supreme Court of Appeal had emphasised the need for the vacancies to be filled given the workload of the Court.  This was a case in two parts.  It also focused on the continued failure by the JSC to ensure that candidates for judicial appointment are protected from improper questioning, and the continued failure to ensure transparency and accountability in the assessment of candidates. 

The JSC has issued a call for submissions with its deadline today, 17 September 2026. FUL's submission is attached hereto.

Issued by Freedom Under Law