 In 2016, Herbert sued the Ministry of Justice for recommending that a formal warning be made against him.In January 2017, the disciplinary panel investigating Herbert said he should be given an apology from 'a suitable senior person' for the treatment he received from other members of the judiciary, and that he should also receive a dressing down for his comments in the speech, which were deem to be misconduct ("because of the inferred criticism that another judge had given a judgment [about Rahman] on racial grounds") and "likely to undermine public confidence in the judiciary".Herbert appealed to the JCIO against the decision, saying that the panel had racially discriminated against him and that their treatment of him had made him feel "like a nigger".