Reprimanded judge keeps job

A judge whose behaviour was adjudged by the Court of Appeal as “wholly inappropriate” when he took part in “extraordinary” exchanges in court, has received an official reprimand. Mr Justice Peter Smith was reported to the Office for Judicial Complaints after showing “undoubted animosity” towards a party in a case before him. The furore arose after a case involving Addleshaw Goddard came before him and he was asked to stand down since the law firm had previously rejected him for a job. The judge, however, refused. Sir Anthony Clarke, Master of the Rolls, and two other appeal judges in Howell & Others v Lees Millais & Others, ruled that Peter Smith J had got “carried away”, had shown “undoubted animosity” and was “intemperate” in the way he handled the application for him to stand down. The judge, the appeal court ruled, should have recused himself.

A spokesman for the Judicial Communications Office confirms that following the investigation under the Judicial Discipline Regulations 2006, the Lord Chancellor and the Lord Chief Justice had concluded that the judge’s conduct amounted to misconduct. “As a result, the Lord Chief Justice has issued a reprimand to the judge,” he says.

Lord Phillips says:

“Both I and the Lord Chancellor value the services of Mr Justice Peter Smith and he has my full confidence.”

Louis Flannery, a partner at Howes Percival, says one would hope that Peter Smith J would not be too surprised to have received a reprimand for his conduct in the case.

“Although some may have expected him to resign, he did not do so, and is still sitting regularly. Along with his reprimand, he has had the express endorsement of the Lord Chief Justice, so I think a line has indeed been drawn and that he will want to put the whole experience behind him.”