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Lord Sumption has previously spoken out against positive discrimination. Lady Hale has called for it. The usual legal advice to clients is not to go down the route of positive discrimination, permitted for the first time under the Equality Act under very specific circumstances (I understand there's something similar in the Crime and Courts Act 2013). Apart from no two candidates are ever really of equal or at least identical merit, it's highly controversial. In any event more women than men are being appointed as judges - see the 2015 Judicial Diversity Statistics. http://www.lawgazette.co.uk/practice/women-overtake-men-in-judicial-appointment-round/5039103.fullarticle and http://www.lawgazette.co.uk/law/disappointing-number-of-bme-judges-but-future-still-bright-says-lcj/5050337.article and http://www.independent.co.uk/news/uk/home-news/more-women-judges-will-improve-law-britains-only-female-supreme-court-judge-calls-for-more-diversity-9630884.html. In time, that trend will replicate at appellate levels, including by more positive action but without positive discrimination.

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