High Court judge narrowly avoids sack after sending love letter to 'distressed' junior member of staff

8 August 2024, 16:55 | Updated: 8 August 2024, 17:03

A High Court judge who sent a love letter to a junior member of staff has been reprimanded for 'serious misconduct'
A High Court judge who sent a love letter to a junior member of staff has been reprimanded for 'serious misconduct'. Picture: Judiciary.UK & Alamy

By Will Conroy

A High Court judge who sent a love letter to a junior member of staff has been reprimanded for “serious misconduct”.

Listen to this article

Loading audio...

Mr Justice Marcus Smith, who is president of the Competition Appeal Tribunal (CAT), narrowly avoided the sack after facing “the most serious sanction short of removal from office”.

The 57-year-old’s handwritten message to the woman in a “vulnerable” junior role left her feeling “distressed, angry, let down and devalued”, an investigation was told.

The judge acknowledged giving the letter was “plainly inappropriate” and had caused the woman “significant emotional distress”.

A High Court judge who sent a love letter to a junior member of staff has been reprimanded for “serious misconduct”
A High Court judge who sent a love letter to a junior member of staff has been reprimanded for “serious misconduct”. Picture: Judiciary.UK

The Judicial Conduct Investigations Office (JCIO) said he was given a formal reprimand, “the most serious sanction short of removal from office”, after a probe concluded he had “shown little insight into why his actions were so wrong”.

In a statement, the investigatory body said a different senior nominated judge had concluded: “By giving the letter to the young woman, he was clearly expressing his love for her and that he wanted to take things further.”

“His actions were part of a course of escalating conduct towards a young woman, a junior member of staff who was in a very vulnerable position in relation to him.

“He had abused his position and crossed lines which should not be crossed. It was unsurprising that the complainant had been distressed.

“The impact on her was likely to be lasting.”

Read more: British crocodile expert jailed for 10 years for raping and torturing dozens of dogs

Read more: Police officer facing misconduct charge tells court he only flirted with burglary victim because she winked at him

They also said Mr Justice Marcus Smith “had not acknowledged the romantic aspect of the letter, focusing instead on his own circumstances and feelings”.

The JCIO said the Lady Chief Justice Baroness Carr and the Lord Chancellor Shabana Mahmood agreed with a recommendation to issue a reprimand.

Mr Justice Marcus Smith was appointed as a judge in the High Court's Chancery Division in 2017 and became president of the CAT in 2021
Mr Justice Marcus Smith was appointed as a judge in the High Court's Chancery Division in 2017 and became president of the CAT in 2021. Picture: Alamy

In May, the JCIO said it received a complaint alleging Mr Justice Marcus Smith had passed the young woman the letter “referring to a number of personal matters and his feelings for her”.

It added: “The complaint was accompanied by a summary document in which the young woman described a series of prior events that she considered to be relevant, for example the judge confiding in her about his relationship with his judicial leadership and asking her to go for walks with him.

“The letter referred to his work, including the challenges of his role as president of the CAT, and aspects of his personal life. It also stated that he loved the young woman and wanted to know her feelings in return.

“On reading the letter, the young woman became very distressed. She reported the matter to the CAT management, stating that she did not want to work with the judge again or cross paths with him.”

The JCIO said that in response to the complaint Mr Justice Marcus Smith said “it had not been his intention to pressure or take advantage of the young woman”

Mr Justice Marcus Smith became president of the CAT in November 2021.
Mr Justice Marcus Smith became president of the CAT in November 2021. Picture: Alamy

It continued: “He admired her intellect and enjoyed working with her. On reflection, he realised that he had been ignoring warning signs about his workload and health.

“He had come to realise that the letter was a poorly framed attempt to reach out to her for support and to discuss his problems with her.

“He gave an assurance that there would be no repeat of such behaviour. He would be taking immediate steps to address the underlying issues which he believed had led him to act as he did.”

Mr Justice Marcus Smith was appointed as a judge in the High Court's Chancery Division, which deals largely with civil disputes, in January 2017 and became president of the CAT in November 2021.

More Latest News

See more More Latest News

Matheus Cunha signs his Manchester United contract

When does the summer 2025 transfer window open and close?

Iranian soldiers in Tehran. The country has one of the strongest armies in the Middle East

Does Iran have nuclear weapons and what is its military capability?

UK's first women-only tower block to open in west London next summer.

UK's first women-only tower block to open in west London next summer providing 'lifeline' to domestic abuse survivors

Screen grab taken from PA video of Katie Wallis (left) leaving Cardiff Magistrates' Court after they pleaded guilty to the harassment of their ex-wife, Rebecca Wallis.

Former Conservative MP pleads guilty to harassing ex-wife

Man, 49, who 'went crazy' after taking crack cocaine jailed for 39 years following Christmas Day double murder

Man, 49, who 'went crazy' after taking crack cocaine jailed for 39 years following Christmas Day double murder

Disgraced music mogul R. Kelly taken to hospital after 'overdosing' in prison

Disgraced music mogul R. Kelly taken to hospital after 'overdosing' in prison - alleging prison staff are to blame

The Royal Hospital for Neuro-disability, Putney.

South London nurse struck off over 'sexually motivated' WhatsApps to colleague, claiming it was 'just banter'

Annabel Rook

Charity boss found stabbed to death in London home after police rushed to scene following 'gas explosion'

Exclusive
British Army soldiers gather outside the hospitality chalet of aerospace manufacturer Thales.

UK would ‘lose war with Russia’ in current setup, as Army chief calls for greater use of attack drones and missiles

Bethan James died on February 8, 2020, after alleged delays to treatment.

Ex-England cricketer’s daughter 'could have been saved' if medics didn't 'miss signs of sepsis', inquest hears

Woodburn's co-star Aggie Mackenzie has acknowledged the death by giving a statement.

Aggie MacKenzie breaks silence after death of 'tortured soul' Kim Woodburn decades on from pair's feud

Easyjet flights to Spain are set to be grounded

Easyjet cabin crew announce three days of summer strike action grounding flights later this month

Chris Wilder

Sheffield United set to sack Chris Wilder after missing out on promotion to the Premier League

acegoers attending Day One of Royal Ascot 2025, Ascot Racecourse

Style takes the reins: Racegoers dazzle on day one at Ascot

.

When is the Tour de France 2025 and how to watch

Phoenix Spencer-Horn

Killer admits murdering girlfriend before decapitating and trying to dismember her in sick cover-up attempt