SOME legal battles are fought not for personal gain but for the greater good. Her Honour Judge Kalyani (Kaly) Kaul's challenge against professional bullying led the UK government to acknowledge that senior judiciary and ministers owe judges a duty of care.
As the first Kashmiri judge in the UK, Kaul's victory against the Ministry of Justice in 2023 resulted in a £50,000 settlement and prompted new judicial conduct policies, including mandatory diversity training.
While fighting her case, she co-founded the Judicial Support Network (JSN), an independent, unfunded initiative run by judges to support their peers across the UK, Canada, Australia, New Zealand and beyond. The network addresses concerns from career progression to discrimination, bullying and workplace safety.
"Within days of my appointment, I faced great difficulties and expected support from the 'Judicial Family,' only to find there was none," Kaul explained.
"Many want to complain but fear repercussions. We can demonstrate that these issues are systemic across jurisdictions. While we can't solve them, we can suggest reforms and support complainants. The 'blame game' is undermining. Judges need peers who will stand with them and speak for them, not just console them privately."
The judiciary's hierarchical structure became painfully apparent to Kaul at Snaresbrook Crown Court in 2015, where hostility culminated in a senior judge allegedly grabbing her arm, causing visible injury. By 2019, she filed proceedings against the ministry, the lord chancellor, and the lord chief justice, alleging bullying after she reported barristers for misconduct. While two barristers were disciplined, she faced retaliation from senior judiciary members.
Though her appeal against an employment tribunal's dismissal of discrimination claims was unsuccessful, her case has emboldened judges from diverse backgrounds to speak out against injustice.
"I want to see the implementation of anti-bullying codes," she has said. "Codes that govern not only how judges treat counsel and how counsel treat judges but also how the judiciary treat one another. People assume the Bar must be aggressive, but it doesn't have to be – except in a contested case in court. We would all work better if we worked together, and I think the judiciary should embrace that."
Born to prominent British journalists Mahendra and Rajni Kaul, who worked for Voice of America and the BBC, Kaul was called to the Bar in 1983 and built a career as a criminal barrister. She became a recorder in 2009, was appointed Queen’s Counsel in 2011, and became a circuit judge in 2015. Her persistence is remarkable – she applied three times for each advancement.
"Persistence matters. I applied to be a recorder three times, a Silk three times and a circuit judge three times. That means I faced rejection multiple times. It was painful, but I moved on – because it was worth it."
Beyond her legal accomplishments, Kaul has championed diversity through leadership roles in the Association of Women Barristers and as diversity officer for the South Eastern Circuit. She holds the positions of nominated judge for grievance and whistleblowing, diversity and community relations judge, and diversity focal point judge.
"Being a judge is quite an isolated job," she reflected. "On one hand, the judiciary is collegiate, but there are challenges we face. We just want to be a friendly ear for people, to help them, and to make the judiciary a strong, independent profession—as it should be."