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One of England’s most senior judges is leaving his role as president of the UK’s influential Competition Appeal Tribunal, two months after he was reprimanded for sending an ‘inappropriate’ letter to a junior member of staff.
Sir Marcus Smith is stepping down as president of the CAT, the venue for class action lawsuits against some of the world’s largest companies including Apple, Google and Mastercard, at the end of his three-year term, which is not being renewed.
His predecessor, Sir Peter Roth, who held the position for about eight years, is to reassume the position on a temporary basis while a permanent replacement is found. Roth’s predecessor, Sir Gerald Barling, was in the role for about six years.
Smith’s departure comes after the Judicial Conduct Investigations Office (Jico), which deals with complaints against judges, said in August that he had been reprimanded for serious misconduct after his communications with a staff member left her feeling “distressed” and “angry”.
An investigation found that he passed her a handwritten letter “expressing his love for her and that he wanted to take things further”, and also that he had “abused his position”.
The reprimand, issued by the Lady Chief Justice, Baroness Carr, and approved by Shabana Mahmood, the Lord Chancellor and justice secretary, was the most serious sanction short of removal from office, the Jico said.
In his response to the complaint, Smith acknowledged that the letter was “plainly inappropriate” and had caused significant emotional distress, according to the Jico.
He had “been ignoring warning signs about his workload and health” and said the letter was a “poorly framed attempt to reach out for support and to discuss his problem”, the office said at the time. He gave an assurance that there would be no repeat of such behaviour.
Smith, who remains a High Court judge, declined through the Judicial Office to comment on his departure from the CAT.
In a brief statement this week, the CAT said the president’s term of office would end on November 4. A spokesperson confirmed that it could be renewed, with the appointment handled by the Judicial Appointments Commission.
The CAT, established in 2003, has since become one of the UK’s most important venues for disputes. They include a wave of class action claims filed on behalf of consumers who complain companies have abused dominant positions.
