The barrister, judge, political activist and Society of Black Lawyers chair will face off against the MoJ at an employment tribunal in London after the ministry informed him that he could receive a written caution for calling out racism in the UK judiciary. The simmering legal battle stems from comments made by Mr Herbert after former Tower Hamlets mayor Lutfur Rahman was banned from holding office for five years.

'Racism is alive and well and living in Tower Hamlets, in Westminster, and yes, sometimes in the judiciary,' said Mr Herbert during a speech in east London last year.

Following the speech, a complaint was registered with the judicial conduct investigation office which claimed that Mr Herbert had violated a judicial conduct guideline which requires judges to refrain from engaging in activities which could conflict with their office. Mr Herbert alleges that the MoJ's recommendation that he be issued with a formal warning constitutes discrimination.

Currently, just seven per cent of British judges are black – an imbalance that Mr Herbert has highlighted as a fundamental threat to justice in the UK. At the same rally, Mr Herbert insisted that judges need better training on race issues and prejudice awareness. '[D]on't let anybody fool you that somehow just because you have a judgment in court it is somehow sacrosanct. It is not ... do not put your faith in a system that is not designed for you. You are not considered British. You are not regarded as part of the here or now,' he said. Sources: Legal Cheek; The Guardian