Judge sent inappropriate love letter to ‘vulnerable’ junior staff member

'He was clearly expressing his love for her and that he wanted to take things further.'

A High Court judge who sent a love letter to a young member of staff has been issued with a reprimand for ‘serious misconduct’.

Mr Justice Marcus Smith’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 senior judge, who is president of the Competition Appeal Tribunal (CAT), acknowledged giving the letter was inappropriate and caused the woman ‘significant emotional distress’.

He was given a formal reprimand as he had ‘shown little insight into why his actions were so wrong’.

A different senior nominated judge said ‘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,’ the JCIO added.

‘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.’

The investigating judge also concluded that 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 called to the Bar in 1991 and appointed as a Queens Counsel in 2010.

He was 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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