August 8th 2024.
Mr. Justice Marcus Smith, a senior judge and president of the Competition Appeal Tribunal, made a serious mistake when he wrote a love letter to a young woman who worked for him. The woman, who held a vulnerable junior role, was left feeling distressed, angry, let down, and devalued by the judge's handwritten message.
An investigation into the incident revealed that the judge had shown little insight into why his actions were so wrong and had caused the woman significant emotional distress. Another senior judge who was nominated to review the case noted that the letter was a clear expression of the judge's love for the young woman and his desire to pursue a romantic relationship with her.
The Judicial Conduct Investigations Office (JCIO) stated that the judge's actions were part of a pattern of escalating behavior towards a vulnerable junior staff member. He had abused his position of power and crossed lines that should never be crossed. It was not surprising that the woman had been deeply affected by the judge's actions, and the impact on her was likely to be long-lasting.
The investigating judge also noted that Mr. Justice Marcus Smith had failed to acknowledge the romantic aspect of the letter and instead focused on his own circumstances and feelings. After reviewing the case, the Lady Chief Justice Baroness Carr and the Lord Chancellor Shabana Mahmood agreed with the recommendation to issue a formal reprimand to the judge.
The complaint against Mr. Justice Marcus Smith was lodged in May, after the young woman received the letter in which the judge shared personal matters and expressed his feelings for her. The woman also included a summary of prior events that she believed were relevant, such as the judge confiding in her about his relationship with his judicial leadership and asking her to go for walks with him.
The letter from the judge mentioned his work, including the challenges of being the president of the CAT, as well as details about his personal life. It also stated that he loved the young woman and wanted to know her feelings in return. Upon reading the letter, the woman became extremely distressed and reported the matter to the CAT management, stating that she did not want to work with the judge again or cross paths with him.
In response to the complaint, Mr. Justice Marcus Smith stated that it was never his intention to pressure or take advantage of the young woman. He admired her intellect and enjoyed working with her. However, upon reflection, he realized that he had been ignoring warning signs about his workload and health and that the letter was a poorly framed attempt to reach out to her for support and to discuss his problems.
The judge assured the JCIO that there would be no repeat of such behavior, and he would take immediate steps to address the underlying issues that had led him to act in such a way. Mr. Justice Marcus Smith has had a long and distinguished career, having been called to the Bar in 1991 and appointed as a Queen's Counsel in 2010. He was later appointed as a judge in the High Court's Chancery Division in January 2017 and became president of the CAT in November 2021.
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