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”.

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”.

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.”

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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.

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”

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.