Calls for judges to be assessed by court users have received strong backing from senior litigators, who have identified the quality of the judiciary as a major factor behind the length and expense of trials.

Nearly half (43%) the respondents to a Legal Week survey of more than 100 senior litigators and barristers said they would 'definitely' support the introduction of an 'upward appraisal' of judges, with a further 41% indicating they might support such a move.

Proposals for judges to submit themselves to appraisals by court users are currently being drawn up by the Commercial Litigators Forum (CLF).

The initiative is one of a series of measures being formulated by the profession in an effort to improve the quality of the civil justice system, which was plunged into controversy following the collapse of the BCCI trial – thought to be the most expensive trial in UK legal history.

Asked what was principally to blame for the high cost of trials, more than one in five (22%) respondents pointed to 'the quality of judges', making this the third-most cited factor behind 'solicitors' and 'court infrastructure/resources'.

The performance of senior judges came under further scrutiny in July when Mr Justice Peter Smith was referred to the Office of Judicial Complaints after refusing to stand down from a case involving an Addleshaw Goddard partner weeks after unsuccessfully negotiating a move to the firm.

SJ Berwin partner and CLF committee member Hilton Mervis stressed that feedback would be private and focus on judges' handling of trials rather than their legal knowledge, which came under the scrutiny of the appeal courts.

"Judges sometimes complain of feeling isolated and we believe formal feedback would help them improve their performance," he added.

Bar Council vice-chairman Timothy Dutton QC welcomed the initiative, commenting: "If London is to maintain its status as a world centre for high-value commercial litigation then judges have to be on top of their game."

The full results of the survey will be unveiled at the Legal Week Litigation Forum on 19 September.

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