Da Vinci Judge Mr Justice Peter Smith Reprimanded

Mr Justice Peter Smith, most famous for inserting his own coded message into his judgment in the Da Vinci Code case, is reported today to have been reprimanded for his refusal to step down as judge in another case for apparent bias.

He may feel he has got off lightly. He potentially faced being stripped of his office as a High Court judge.

The other case was Howell & others v Lees & others. The Claimant/Appellant were represented by Addleshaw Goddard. The judge had been in negotiations with that firm to go and work for them but had eventually been turned down. He had been a bit upset by this and thus they argued that he might be biased against their client in the Howell case.

You may well wish to read the whole of the email correspondence but here is a small extract:

"I feel you have wasted my time for several months. I am extremely disappointed because contrary to your fine words you have allowed the bean counters to prevail. I am not very impressed with you or your firm at the moment and I do not think the tone of your emails enhances the position."

More extraordinary were his exchanges with Mr Crampin in the court below. The extracts cited in the Court of Appeal judgment are quite lengthy and I recommend reading the full CA judgment. It will be an entertaining read even if you are not a lawyer.

Here is a short one:

"MR CRAMPIN: Having had an unsuccessful discussion or negotiation with Addleshaws, your lordship expressed yourself in strong – intemperate, almost -- anguish.

MR JUSTICE PETER SMITH: Nonsense. I don't know what part of the country you come from, Mr Crampin, but it's about time you grew up. If you think that's intemperate, then you are on another planet from me. If you thought it was intemperate, then you should have seen the correspondence which didn't trouble Mr Twigden.

MR CRAMPIN: I'm endeavouring to make a submission, not to engage with your Lordship in badinage of that kind. The question that a fair-minded person –

MR JUSTICE PETER SMITH: I'm challenging you, Mr Crampin, on your analysis, when you suggest that my correspondence was intemperate. I don't accept that."

Oh, it gets better; or, worse, depending upon your point of view.

The Court of Appeal decision was unanimous.

FURTHER READING:

Mr Justice Peter Smith's Da Vinci Decision. He was upheld on appeal.