95:
444:
who supported the application was in effect cross-examined by the judge in something of the style of an advocate instructed to oppose the application. Second, the submission by counsel for the applicant that the judge had given evidence was in the circumstances unsurprising, and the concerns he expressed on this topic were validly made. Finally, the judge impugned the good faith of the application, a conclusion repeated in the strongest terms in his judgment when there is no shred of evidence to suggest some ulterior or improper motive behind the application.
22:
563:
of the occasion when the luggage went missing, and suggested that the true issue in the case was that the missing luggage gave rise to issues which were similar to some of the allegations in the case which he had to try, so that (if they were correct) he would have had to recuse himself. He said that he would continue his investigation into the luggage issue "in a private capacity ... with the vigour for which I am known".
632:
shows a deeply worrying and fundamental lack of understanding of the proper role of a judge. What makes it worse is that it comes on the heels of the BAA baggage affair. In our view, the comments of Lord
Pannick, far from being "outrageous" as the judge said in the Letter, were justified. We greatly regret having to criticise a judge in these strong terms, but our duty requires us to do so.
359:, alleging Brown had copied them. Smith ruled that Dan Brown had not infringed the copyright. While Brown had taken ideas from the earlier book, he did not copy the "central theme" of his book from there. As ideas themselves cannot be the subject of copyright, Smith ruled that Brown had not substantially copied the original work.
559:(BA), suggesting that BA may have taken a deliberate decision not to carry the passengers' luggage and that this may have been in order to make additional profit from the conveyance of cargo on that flight. A number of the parties to the litigation applied for Smith to recuse himself from further part in the case.
666:
On 2 October 2017 Rozenberg reported that a formal disciplinary tribunal was due to sit in private at the end of
October 2017 in order to hear unspecified allegations against Smith, who had been effectively suspended on full pay since May 2016. Rozenberg drew attention to the fact that it was over 10
562:
During the hearing, Smith repeatedly asked counsel for BA what had happened to his luggage, receiving the response that the proceedings were not appropriate for dealing with a personal dispute. In due course Smith agreed to recuse himself. In his judgment of 22 July 2015 he set out a detailed account
658:
reported that Smith had "been signed off sick and may never return to work", being mentally unfit to defend himself in a disciplinary inquiry, which could mean that a decision may not be made for several months. A spokesman for the
Judicial Conduct Investigations Office was reported as having said,
516:
Following investigation under the
Judicial Discipline Regulations 2006, the Lord Chancellor and the Lord Chief Justice have carefully considered the Court of Appeal’s comments on the conduct of Mr Justice Peter Smith in the case of Howell and others v Lees-Millais and others and have concluded that
443:
It is the conduct of the hearing which underlines that the judge had become too personally involved in the decision he was being asked to make to guarantee the necessary judicial objectivity which would be required in the trustee proceedings. I identify three particular features. First, the witness
647:
newspaper, Joshua
Rozenberg returned to the theme of Smith's suitability for judicial office, repeating his contention, first raised in 2007, that it was now time for Smith to resign. Smith had "agreed to refrain from sitting" before the Harb appeal, and this effective suspension from work was to
403:
was prompted by the extensive use in The Da Vinci Code of codes, and no doubt by his own interest in such things, to incorporate a coded message in his judgment, on which nothing turns. The judgment is not easy to read or to understand. It might have been preferable for him to have allowed himself
535:
Smith was involved in another recusal controversy 5 years later. In August 2013 the Court of Appeal held that Smith should have recused himself from hearing an application for wasted costs against a firm of solicitors. Smith had made strong criticisms of the quality of the evidence of an expert
631:
In his letter to the claimant's solicitors dated 12 February 2016, the judge accepted that he should not have written the Letter. It is difficult to believe that any judge, still less a High Court Judge, could have done so. It was a shocking and, we regret to say, disgraceful letter to write. It
543:
observed in her judgment at paragraph 59 that there was 'apparent bias stemming from the facts of the case which meant that the judge should have recused himself from hearing the wasted costs application' and at paragraph 62, that 'the judge should certainly have recused himself from hearing the
508:
may refer for investigation by the OJC any matter where the conduct of a judicial office holder may warrant disciplinary proceedings. They may make this referral irrespective of whether there have been any complaints made by others. The Office for
Judicial Complaints is obliged to consider the
662:
On 11 April 2017 Joshua
Rozenberg returned to the topic of Smith's continued holding of judicial office. Rozenberg speculated that Smith would retire from the High Court once he attained 65 years of age in May 2017, qualifying for immediate payment of his judicial pension.
611:
The appeal was allowed by the Court of Appeal, not on the grounds of bias but because the judge had failed to deal adequately with the case, including certain aspects of the evidence. However, in the course of the judgment of the Court
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In these circumstances it is unfortunate to have to record that, in my judgment, the conduct of the hearing itself demonstrated not only that the application to the judge to recuse himself was rightly made, but that it should have been
689:
375:', followed by a number of other seemingly random letters. The judge stated that he would not discuss the code as he was not able to talk about his ruling, but that he would confirm any correct attempt to break it.
523:
The Lord Chief
Justice has said: "I consider that a firm line has now been drawn under this matter. Both I and the Lord Chancellor value the services of Mr Justice Peter Smith and he has my full confidence."
595:) where one party was represented by Ian Mill QC and by Shaheed Fatima QC, each a member of Blackstone Chambers. Smith decided against the client of Mill and Fatima. One of the grounds of an appeal to the
536:
witness called to give evidence of
Ethiopian law, and had attributed the cause of the expert's failings to solicitors who, according to Smith, had failed to prepare the expert appropriately for the trial.
224:
in
England and Wales from 5 April 2002 to 27 October 2017. He was the subject of comment and investigation in relation to his judicial behaviour in various circumstances. He retired on 28 October 2017.
367:
Within his printed judgment, which was delivered on 7 April 2006, the judge embedded a coded message, apparently placed for amusement. The first few pages contained scattered letters which were
432:
On appeal from his refusal, the Court of Appeal criticised the judge for his attitude and behaviour during the hearing and allowed the appeal, with the effect of removing Smith from the case.
378:
It later transpired that the judge gave a series of email hints about the code, which was finally announced as "cracked" on 28 April 2006, by Daniel Tench, a lawyer and media journalist for
435:
In its unanimous judgments of 4 July 2007, the Court of Appeal described the judge's behaviour in part as "intemperate" and "somewhat extraordinary". In one paragraph of his judgment,
539:
Smith declined to recuse himself from hearing the subsequent wasted costs application against the solicitors, but an appeal against this decision was allowed by the Court of Appeal.
956:
555:
The judge's personal luggage, together with that of other passengers, had failed to arrive in London after a flight from Florence. Smith corresponded with the chief executive of
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1043:
659:"The JCIO investigation into the BA matter is continuing." A separate inquiry relating to the Harb appeal was under way. He would not confirm whether the judge was unwell.
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566:
In September 2015, it was announced by a spokesman for the Judicial Conduct Investigations Office that Smith's conduct in connection with the case was being investigated.
588:, where Pannick practised, complaining in strong terms about Pannick's "outrageous" article and saying that Smith would no longer support members of Blackstone Chambers.
1297:
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newspaper. The plain text reads: "Smithy Code. Jackie Fisher, who are you? Dreadnought." This related to the subject of one of Smith's personal interests,
552:
In July 2015, on application by the parties, Smith recused himself from being the judge in long running multi-party proceedings between various airlines.
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on 18 July and Rozenberg returned to the point on 19 July. Both journalists mentioned the question of the judge's health, but without going into detail.
417:, relating to the possibility of employment by them. Those discussions came to nothing and there was email correspondence showing his disappointment.
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However, in July 2007, about a month after the conclusion of those negotiations, the judge refused to recuse himself from a heavily contested case,
100:
476:
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as "Peter Smith J," and not as "Smith J", as is the norm for High Court judges. This is because there were other senior judges also named Smith.
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Having set out substantially the whole of Pannick's article and the text of the letter written by Smith to Peto, the court said (at paragraph ):
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On 18 April 2008 it was announced in the following terms that the OJC had found that misconduct had been established against the judge.
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newspaper. It was highly critical of Smith's behaviour. Smith's reaction was to write to Anthony Peto QC, one of the joint heads of
903:
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540:
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904:"Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWCA Civ 1003 (14 August 2013)"
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1150:"Joshua Rozenberg: Look out for a retirement announcement from the High Court's Mr Justice Peter Smith – Legal Cheek"
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to George Arthur Smith and Iris Muriel Smith, while his father was posted abroad. He grew up with five siblings in
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from 1997 to 2002. Upon his elevation to the High Court bench in 2002, he was knighted as a matter of course.
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On 16 July 2007, it was announced in a press release from the Judicial Communications Office that the
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983:"Mr Justice Peter Smith recuses himself from British Airways air-cargo case – Brick Court Chambers"
878:
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463:
1070:"Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2016] EWCA Civ 556 (16 June 2016)"
754:
Baigent & Anor v The Random House Group Ltd (The Da Vinci Code) EWHC 719 (Ch) (7 April 2006)
501:
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392:. The ship was launched in February 1906, roughly 100 years before the start of the trial.
930:"Full transcript of judge's luggage rant at British Airways lawyers emerges – Legal Cheek"
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Smith's retirement, with effect from 28 October 2017, was announced on 27 October 2017.
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In a concluding comment on the way in which the judge behaved, Lord Justice Judge said:
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was that Smith had shown apparent bias against their client by reason of his expressed
301:
246:
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1017:"Emerald Supplies Ltd v British Airways [2015] EWHC 2201 (Ch) (22 July 2015)"
399:
from the judge's decision in "The Da Vinci Code" case, the Court of Appeal said that:
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In 2007, Smith spent some months in communication with a London solicitors' firm,
957:"The High Court judge, the £3bn airline case and the mystery of his lost luggage"
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372:
368:
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1100:"Take the hint, Mr Justice Peter Smith: leave the bench now – Joshua Rozenberg"
531:
Failure to recuse in Mengiste v Endowment Fund for the Rehabilitation of Tigray
827:
436:
792:
Baigent & Anor v The Random House Group Ltd EWCA Civ 247 (28 March 2007)
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The judge himself then issued a press release on the topic. By 13 July 2007,
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In 1980, Smith married Diane Dalgleish. They have one son and two daughters.
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As a result, the Lord Chief Justice has issued a reprimand to the judge.
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embarked on speculation as to whether the judge should stay in office in
1044:"High Court judge under investigation over British Airways luggage rant"
857:"The High Court judge who may be in for much more than a severe wigging"
624:), Smith was heavily criticised for his conduct in writing the letter.
254:
710:
424:, involving a partner in the same firm in his capacity as a trustee.
816:
Mr Justice Peter Smith rounds on detractors following Addleshaws spat
804:
Howell & Ors v Lees Millais & Ors EWCA Civ 720 (4 July 2007)
404:
more time for the preparation, checking and revision of the judgment.
483:, had referred the judge's behaviour in the case to the independent
1201:"High Court: Retirement of The Honourable Sir Peter Winston Smith"
574:
Following the British Airways recusal application, an article by
891:
The Judicial Discipline (Prescribed Procedures) Regulations 2006
314:
and the British Titanic Society. Other hobbies include being a "
806:, England and Wales Court of Appeal (Civil Division) Decisions
794:, England and Wales Court of Appeal (Civil Division) Decisions
509:
matter in accordance with the relevant statutory regulations.
15:
756:, England and Wales High Court (Chancery Division) Decisions
169:
667:
years since he had first called for Smith's resignation.
388:, who was responsible for the design of the battleship
288:
from 1977 to 1983. He practised as a barrister on the
331:
Baigent and Leigh v The Random House Group Ltd (2006)
1124:Times, The Times & The Sunday (23 March 2017).
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At around the same time, Smith was hearing a case (
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112:
85:
603:against all the members of Blackstone Chambers.
517:the conduct in question amounted to misconduct.
1238:"From codes and naval heroes to Kylie's bottom"
548:Recusal in Emerald Supply Ltd v British Airways
768:"How judge's secret Da Vinci code was cracked"
467:that it was time for the judge to stand down.
80:Controversial former English High Court judge
8:
409:Failure to recuse in Howell v Millais (2007)
840:"Mr Justice Peter Smith loses his judgment"
82:
1288:Academics of the University of Manchester
280:by seniority, Smith briefly practised in
66:Learn how and when to remove this message
461:, a legal journalist, was suggesting in
343:, authors of the pseudo-historical book
261:, and attended grammar school in nearby
126:15 April 2002 – 28 October 2017
101:Royal coat of arms of the United Kingdom
29:This article includes a list of general
1093:
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679:
477:Lord Chief Justice of England and Wales
276:degree in 1974, promoted in 1976 to an
292:from 1979 to 2002, being an Assistant
1298:People educated at Bridlington School
893:, Office of Public Sector Information
733:"'No surprise' in Da Vinci judgement"
7:
527:No statement was made by the judge.
318:fan", reading military history, and
235:abbreviated in English legal writing
1268:Alumni of Selwyn College, Cambridge
322:. He currently resides in London.
1098:Rozenberg, Joshua (17 June 2016).
428:Criticism from the Court of Appeal
422:Howell v Lees Millais & Others
284:before becoming a law lecturer at
208:(born 1 May 1952), abbreviated to
35:it lacks sufficient corresponding
14:
1229:"Judge creates own Da Vinci code"
346:The Holy Blood and the Holy Grail
1244:. Matthews, Athalie, 30 May 2006
696:, Judiciary of England and Wales
481:Lord Phillips of Worth Matravers
93:
20:
955:Sawer, Patrick (25 July 2015).
485:Office for Judicial Complaints
1:
651:On 2 August 2016, writing in
386:John Fisher, 1st Baron Fisher
1042:Agency (21 September 2015).
766:Tench, Dan (28 April 2006).
687:List of the Senior Judiciary
296:from 1994 to 1997, a Deputy
1303:20th-century English judges
1273:21st-century English judges
544:wasted costs application.'
371:. The first section spelt '
212:in judgements, is a former
1319:
362:
312:Titanic Historical Society
233:Smith's name is correctly
1176:"Open justice for judges"
821:27 September 2007 at the
310:Smith is a member of the
300:from 1996 to 2002, and a
270:Selwyn College, Cambridge
199:
187:One son and two daughters
130:
119:
114:Justice of the High Court
108:
92:
1278:Chancery Division judges
735:. BBC News. 7 April 2006
471:Investigation by the OJC
206:Sir Peter Winston Smith
50:more precise citations.
707:"Knighthood conferred"
637:Criticism in the media
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390:HMS Dreadnought (1906)
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570:Biases in Harb v Aziz
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395:In the appeal to the
353:, author of the book
286:Manchester University
229:Name and abbreviation
222:High Court of Justice
692:18 June 2012 at the
272:. After receiving a
1293:People from Hornsea
1048:The Daily Telegraph
961:The Daily Telegraph
910:on 23 November 2021
879:The Daily Telegraph
845:The Daily Telegraph
713:on 9 September 2008
641:In a column in the
586:Blackstone Chambers
464:The Daily Telegraph
326:Controversial cases
1076:on 8 November 2017
874:"Brief encounters"
541:Lady Justice Arden
502:Lord Chief Justice
437:Lord Justice Judge
245:Smith was born in
1023:on 15 August 2015
415:Addleshaw Goddard
363:The 'Smithy Code'
356:The Da Vinci Code
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298:High Court Judge
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195:Dockside, London
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593:Harb v Aziz
373:smithy code
263:Bridlington
166:Nationality
48:introducing
1252:Categories
1210:30 October
1185:30 October
1160:30 October
1134:30 October
1126:"Sorry..."
1109:30 October
1054:30 October
992:30 October
967:30 October
940:30 October
828:The Lawyer
777:30 October
739:30 October
717:30 January
674:References
648:continue.
618:Moore-Bick
369:italicised
150:1 May 1952
146:1952-05-01
31:references
1242:The Times
862:The Times
653:The Times
581:The Times
494:The Times
351:Dan Brown
282:Liverpool
241:Biography
122:In office
56:June 2018
1233:BBC News
1050:. London
963:. London
819:Archived
690:Archived
644:Guardian
504:and the
453:granted.
320:football
302:Recorder
294:Recorder
184:Children
1080:17 June
1027:30 July
914:29 July
487:(OJC).
349:, sued
255:Hornsea
247:Taiping
220:of the
170:British
156:Taiping
44:improve
607:Appeal
601:animus
439:said:
251:Malaya
176:Spouse
160:Malaya
33:, but
1212:2017
1187:2017
1162:2017
1136:2017
1111:2017
1082:2016
1056:2017
1029:2015
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942:2017
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719:2009
620:and
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