Peter Smith (judge)
Encyclopedia
Sir Peter Winston Smith (born 1 May 1952), styled The Hon Mr Justice Peter Smith, is a Judge of the High Court of Justice
in England and Wales, appointed to that office on 15 April 2002 and assigned to the Chancery Division. His name is correctly abbreviated in English legal writing as "Peter Smith J," and not as "Smith J," because there are other senior judges also named Smith.
He has presided over several prominent cases, which include a suit between boxer Lennox Lewis
and his promoter Panos Eliades, as well as a copyright
case involving the novel The Da Vinci Code
. In the latter case, he rejected a claim by authors of The Holy Blood and the Holy Grail
that Dan Brown
had violated copyright by copying major themes from their work. More recently, Peter Smith J presided over a huge claim by the Attorney General of Zambia for recovery of the proceeds of fraud.
In 2008 he was reprimanded by the Lord Chief Justice for his misconduct in the "Addleshaw Goddard matter".
, Malaysia to George Arthur Smith and Iris Muriel Smith, while his father was posted abroad. He grew up with five siblings in Hornsea
, East Yorkshire
, and attended grammar school in nearby Bridlington
.
He read law at Selwyn College, Cambridge
. After receiving a BA
degree in 1974 and an MA degree in 1976, Smith briefly practised in Liverpool before becoming a law lecturer at Manchester University from 1977-1983. Smith practised as a barrister on the Northern Circuit from 1979–2002, being an Assistant Recorder
from 1994–97, a Deputy High Court Judge
from 1996–2002, and a Recorder
from 1997-2002. Upon his elevation to the High Court bench in 2002, Sir Peter was knighted as a matter of course. In 2003 he was voted most unpopular chancery judge in a survey by Legal Business magazine.
In 1980, Smith married Diane Dalgleish. They have one son and two daughters. Smith is a member of the Titanic Historical Society
and the British Titanic Society. Other hobbies include being a "Jackie Fisher fan", reading military history, and football
. He lives in Shropshire. In 2010 he made a controversial planning application for conversion of the coach house and porter's lodge at his home into residential dwellings.
and Richard Leigh
, authors of the pseudo-historical book The Holy Blood and the Holy Grail
. While Brown had taken ideas from the earlier book, he did not copy the "central theme" of his book from there. As ideas themselves cannot be copyrighted, Smith ruled that Brown had therefore not substantially copied the original work.
Within his printed judgment, which was delivered on 7 April 2006, the judge embedded a coded message, apparently placed for amusement. The first few pages contained scattered letters which were italic
ised. The first section spelt 'smithy code
', followed by a number of other seemingly random letters. The judge stated that he would not discuss the code as he was not able to talk about his ruling, but that he would confirm any correct attempt to break it.
However, it was later learned that the judge had given a series of email hints about the code, which was finally announced as cracked on 28 April 2006, by Daniel Tench, a lawyer and media journalist for The Guardian
newspaper. The plain text reads: "Smithy Code. Jackie Fisher, who are you? Dreadnought." This related to the subject of one of Smith's personal interests, Admiral Lord (John) Fisher, who was responsible for the design of the battleship HMS Dreadnought
. The ship was launched in February 1906, roughly 100 years before the start of the trial.
In the appeal to the Court of Appeal from the judge's decision in the "The Da Vinci Code" case, the Court of Appeal said that the judge
"was prompted by the extensive use in [The Da Vinci Code] of codes, and no doubt by his own interest in such things, to incorporate a coded message in his judgment, on which nothing turns. The judgment is not easy to read or to understand. It might have been preferable for him to have allowed himself more time for the preparation, checking and revision of the judgment."
relating to the possibility of employment by them. Those discussions came to nothing and there was considerable email correspondence as evidence of his disappointment. But in July 2007, about a month after the conclusion of those negotiations, the judge refused to stand down from hearing a heavily contested case (Howell v Lees Millais & Others) involving a partner in the same firm in his capacity as a trustee. On appeal from that decision, the Court of Appeal criticised the judge for his attitude and behaviour during the hearing when he was asked to step down and allowed the appeal, with the effect of removing him from the case.
In its unanimous judgments of 4 July 2007, the Court of Appeal described the judge's behaviour in part as "intemperate" and "somewhat extraordinary". In one paragraph of his judgment, Lord Justice Judge
said:
"It is the conduct of the hearing which underlines that the judge had become too personally involved in the decision he was being asked to make to guarantee the necessary judicial objectivity which would be required in the trustee proceedings. I identify three particular features. First, the witness who supported the application was in effect cross-examined by the judge in something of the style of an advocate instructed to oppose the application. Second, the submission by counsel for the applicant that the judge had given evidence was in the circumstances unsurprising, and the concerns he expressed on this topic were validly made. Finally, the judge impugned the good faith of the application, a conclusion repeated in the strongest terms in his judgment when there is no shred of evidence to suggest some ulterior or improper motive behind the application."
In a concluding comment on the way in which the judge behaved, Lord Justice Judge said:
In these circumstances it is unfortunate to have to record that, in my judgment, the conduct of the hearing itself demonstrated not only that the application to the judge to recuse himself was rightly made, but that it should have been granted. '
The judge himself then issued a press release on the topic. By 13 July 2007, Joshua Rozenberg
, a well known legal journalist, was suggesting in the Daily Telegraph that it was time for the judge to stand down.
On 16 July 2007, it was announced in a press release from the Judicial Communications Office that the Lord Chief Justice of England and Wales
, Lord Phillips of Worth Matravers
had referred the judge's behaviour in the case to the independent Office for Judicial Complaints (OJC). Frances Gibb embarked on speculation as to whether the judge should stay in office in The Times
on 18 July and Rozenberg returned to the point on 19 July. Both journalists mentioned the question of the judge's health, but without going into detail.
The Lord Chief Justice and the Lord Chancellor
may refer for investigation by the OJC any matter where the conduct of a judicial office holder may warrant disciplinary proceedings. They may make this referral irrespective of whether there have been any complaints made by others. The Office for Judicial Complaints is obliged to consider the matter in accordance with the relevant statutory regulations.
On 18 April 2008 it was announced in the following terms that the OJC had found that misconduct had been established against the judge.
Following investigation under the Judicial Discipline Regulations 2006, the Lord Chancellor and the Lord Chief Justice have carefully considered the Court of Appeal’s comments on the conduct of Mr Justice Peter Smith in the case of Howell and others v Lees-Millais and others and have concluded that the conduct in question amounted to misconduct.
As a result, the Lord Chief Justice has issued a reprimand to the judge.
The Lord Chief Justice has said: “I consider that a firm line has now been drawn under this matter. Both I and the Lord Chancellor value the services of Mr Justice Peter Smith and he has my full confidence."
No statement was made by the judge.
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in England and Wales, appointed to that office on 15 April 2002 and assigned to the Chancery Division. His name is correctly abbreviated in English legal writing as "Peter Smith J," and not as "Smith J," because there are other senior judges also named Smith.
He has presided over several prominent cases, which include a suit between boxer Lennox Lewis
Lennox Lewis
Lennox Claudius Lewis, CM, CBE is a retired boxer and the most recent British undisputed world heavyweight champion. He holds dual British and Canadian citizenship...
and his promoter Panos Eliades, as well as a copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
case involving the novel The Da Vinci Code
The Da Vinci Code
The Da Vinci Code is a 2003 mystery-detective novel written by Dan Brown. It follows symbologist Robert Langdon and Sophie Neveu as they investigate a murder in Paris's Louvre Museum and discover a battle between the Priory of Sion and Opus Dei over the possibility of Jesus having been married to...
. In the latter case, he rejected a claim by authors of The Holy Blood and the Holy Grail
The Holy Blood and the Holy Grail
The Holy Blood and the Holy Grail is a book by Michael Baigent, Richard Leigh, and Henry Lincoln....
that Dan Brown
Dan Brown
Dan Brown is an American author of thriller fiction, best known for the 2003 bestselling novel, The Da Vinci Code. Brown's novels, which are treasure hunts set in a 24-hour time period, feature the recurring themes of cryptography, keys, symbols, codes, and conspiracy theories...
had violated copyright by copying major themes from their work. More recently, Peter Smith J presided over a huge claim by the Attorney General of Zambia for recovery of the proceeds of fraud.
In 2008 he was reprimanded by the Lord Chief Justice for his misconduct in the "Addleshaw Goddard matter".
Biography
Smith was born in TaipingTaiping, Perak
Taiping is a town located in northern Perak, Malaysia. With a population of 191,104 , it is the second largest town in Perak after Ipoh, the state capital. Taiping took over Kuala Kangsar's role as the state capital from 1876 to 1937, but was then replaced by Ipoh...
, Malaysia to George Arthur Smith and Iris Muriel Smith, while his father was posted abroad. He grew up with five siblings in Hornsea
Hornsea
Hornsea is a small seaside resort, town and civil parish in the East Riding of Yorkshire, England at the eastern end of the Trans Pennine Trail.-Overview:According to the 2001 UK Census, Hornsea parish had a population of 8,243....
, East Yorkshire
East Riding of Yorkshire
The East Riding of Yorkshire, or simply East Yorkshire, is a local government district with unitary authority status, and a ceremonial county of England. For ceremonial purposes the county also includes the city of Kingston upon Hull, which is a separate unitary authority...
, and attended grammar school in nearby Bridlington
Bridlington
Bridlington is a seaside resort, minor sea fishing port and civil parish on the Holderness Coast of the North Sea, in the East Riding of Yorkshire, England. It has a static population of over 33,000, which rises considerably during the tourist season...
.
He read law at Selwyn College, Cambridge
Selwyn College, Cambridge
Selwyn College is a constituent college in the University of Cambridge in England, United Kingdom.The college was founded by the Selwyn Memorial Committee in memory of the Rt Reverend George Selwyn , who rowed on the Cambridge crew in the first Varsity Boat Race in 1829, and went on to become the...
. After receiving a BA
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree in 1974 and an MA degree in 1976, Smith briefly practised in Liverpool before becoming a law lecturer at Manchester University from 1977-1983. Smith practised as a barrister on the Northern Circuit from 1979–2002, being an Assistant Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
from 1994–97, a Deputy High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
from 1996–2002, and a Recorder
Recorder
The recorder is a woodwind musical instrument of the family known as fipple flutes or internal duct flutes—whistle-like instruments which include the tin whistle. The recorder is end-blown and the mouth of the instrument is constricted by a wooden plug, known as a block or fipple...
from 1997-2002. Upon his elevation to the High Court bench in 2002, Sir Peter was knighted as a matter of course. In 2003 he was voted most unpopular chancery judge in a survey by Legal Business magazine.
In 1980, Smith married Diane Dalgleish. They have one son and two daughters. Smith is a member of the Titanic Historical Society
Titanic Historical Society
The Titanic Historical Society, Inc. is a non-profit organization founded in 1963, whose purpose is the preservation of the history of the famous ocean liner RMS Titanic, which sank on April 15, 1912, in one of the greatest maritime disasters in history.Headquartered in Indian Orchard,...
and the British Titanic Society. Other hobbies include being a "Jackie Fisher fan", reading military history, and football
Football (soccer)
Association football, more commonly known as football or soccer, is a sport played between two teams of eleven players with a spherical ball...
. He lives in Shropshire. In 2010 he made a controversial planning application for conversion of the coach house and porter's lodge at his home into residential dwellings.
The Da Vinci Code and the "Smithy Code"
In April 2006, Smith ruled that Dan Brown had not breached the copyright of Michael BaigentMichael Baigent
Michael Baigent is an author and speculative theorist who co-wrote a number of books that question mainstream perceptions of history and the life of Jesus. He is best known as co-writer of the book The Holy Blood and the Holy Grail....
and Richard Leigh
Richard Leigh (author)
Richard Harris Leigh was a novelist and short story writer born in New Jersey, USA to a British father and an American mother, who spent most of his life in the UK. Leigh earned a BA from Tufts University, a Master's degree from the University of Chicago, and a Ph.D...
, authors of the pseudo-historical book The Holy Blood and the Holy Grail
The Holy Blood and the Holy Grail
The Holy Blood and the Holy Grail is a book by Michael Baigent, Richard Leigh, and Henry Lincoln....
. While Brown had taken ideas from the earlier book, he did not copy the "central theme" of his book from there. As ideas themselves cannot be copyrighted, Smith ruled that Brown had therefore not substantially copied the original work.
Within his printed judgment, which was delivered on 7 April 2006, the judge embedded a coded message, apparently placed for amusement. The first few pages contained scattered letters which were italic
Italic type
In typography, italic type is a cursive typeface based on a stylized form of calligraphic handwriting. Owing to the influence from calligraphy, such typefaces often slant slightly to the right. Different glyph shapes from roman type are also usually used—another influence from calligraphy...
ised. The first section spelt 'smithy code
Smithy code
The Smithy code is series of letters embedded, as a private amusement,within the April 2006 approved judgement of Mr Justice Peter Smith on the The Da Vinci Code copyright case...
', followed by a number of other seemingly random letters. The judge stated that he would not discuss the code as he was not able to talk about his ruling, but that he would confirm any correct attempt to break it.
However, it was later learned that the judge had given a series of email hints about the code, which was finally announced as cracked on 28 April 2006, by Daniel Tench, a lawyer and media journalist for The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
newspaper. The plain text reads: "Smithy Code. Jackie Fisher, who are you? Dreadnought." This related to the subject of one of Smith's personal interests, Admiral Lord (John) Fisher, who was responsible for the design of the battleship HMS Dreadnought
HMS Dreadnought (1906)
HMS Dreadnought was a battleship of the British Royal Navy that revolutionised naval power. Her entry into service in 1906 represented such a marked advance in naval technology that her name came to be associated with an entire generation of battleships, the "dreadnoughts", as well as the class of...
. The ship was launched in February 1906, roughly 100 years before the start of the trial.
In the appeal to the Court of Appeal from the judge's decision in the "The Da Vinci Code" case, the Court of Appeal said that the judge
"was prompted by the extensive use in [The Da Vinci Code] of codes, and no doubt by his own interest in such things, to incorporate a coded message in his judgment, on which nothing turns. The judgment is not easy to read or to understand. It might have been preferable for him to have allowed himself more time for the preparation, checking and revision of the judgment."
The Addleshaw Goddard matter - the reprimand by the Lord Chief Justice
Smith spent some months in communication with London solicitor's firm, Addleshaw GoddardAddleshaw Goddard
Addleshaw Goddard LLP is a corporate law firm headquartered in London, United Kingdom. It is structured as a LLP and has almost 750 lawyers, with offices in Leeds, London and Manchester...
relating to the possibility of employment by them. Those discussions came to nothing and there was considerable email correspondence as evidence of his disappointment. But in July 2007, about a month after the conclusion of those negotiations, the judge refused to stand down from hearing a heavily contested case (Howell v Lees Millais & Others) involving a partner in the same firm in his capacity as a trustee. On appeal from that decision, the Court of Appeal criticised the judge for his attitude and behaviour during the hearing when he was asked to step down and allowed the appeal, with the effect of removing him from the case.
In its unanimous judgments of 4 July 2007, the Court of Appeal described the judge's behaviour in part as "intemperate" and "somewhat extraordinary". In one paragraph of his judgment, Lord Justice Judge
Igor Judge
Igor Judge, Baron Judge PC is a Maltese-born English judge and has been Lord Chief Justice of England and Wales, the head of the English judiciary, since October 2008...
said:
"It is the conduct of the hearing which underlines that the judge had become too personally involved in the decision he was being asked to make to guarantee the necessary judicial objectivity which would be required in the trustee proceedings. I identify three particular features. First, the witness who supported the application was in effect cross-examined by the judge in something of the style of an advocate instructed to oppose the application. Second, the submission by counsel for the applicant that the judge had given evidence was in the circumstances unsurprising, and the concerns he expressed on this topic were validly made. Finally, the judge impugned the good faith of the application, a conclusion repeated in the strongest terms in his judgment when there is no shred of evidence to suggest some ulterior or improper motive behind the application."
In a concluding comment on the way in which the judge behaved, Lord Justice Judge said:
In these circumstances it is unfortunate to have to record that, in my judgment, the conduct of the hearing itself demonstrated not only that the application to the judge to recuse himself was rightly made, but that it should have been granted. '
The judge himself then issued a press release on the topic. By 13 July 2007, Joshua Rozenberg
Joshua Rozenberg
Joshua Rozenberg is a British legal commentator and journalist.After taking a law degree at Wadham College, University of Oxford, he qualified as a solicitor in 1976, at Dixon Ward solicitors in Richmond, Surrey....
, a well known legal journalist, was suggesting in the Daily Telegraph that it was time for the judge to stand down.
On 16 July 2007, it was announced in a press release from the Judicial Communications Office that the Lord Chief Justice of England and Wales
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
, Lord Phillips of Worth Matravers
Nicholas Phillips, Baron Phillips of Worth Matravers
Nicholas Addison Phillips, Baron Phillips of Worth Matravers, KG PC is the President of the Supreme Court of the United Kingdom. Before 1 October 2009 his title was Senior Lord of Appeal in Ordinary. He was Master of the Rolls from 2000 to 2005 and Lord Chief Justice of England and Wales from 2005...
had referred the judge's behaviour in the case to the independent Office for Judicial Complaints (OJC). Frances Gibb embarked on speculation as to whether the judge should stay in office in The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
on 18 July and Rozenberg returned to the point on 19 July. Both journalists mentioned the question of the judge's health, but without going into detail.
The Lord Chief Justice and the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
may refer for investigation by the OJC any matter where the conduct of a judicial office holder may warrant disciplinary proceedings. They may make this referral irrespective of whether there have been any complaints made by others. The Office for Judicial Complaints is obliged to consider the matter in accordance with the relevant statutory regulations.
On 18 April 2008 it was announced in the following terms that the OJC had found that misconduct had been established against the judge.
Following investigation under the Judicial Discipline Regulations 2006, the Lord Chancellor and the Lord Chief Justice have carefully considered the Court of Appeal’s comments on the conduct of Mr Justice Peter Smith in the case of Howell and others v Lees-Millais and others and have concluded that the conduct in question amounted to misconduct.
As a result, the Lord Chief Justice has issued a reprimand to the judge.
The Lord Chief Justice has said: “I consider that a firm line has now been drawn under this matter. Both I and the Lord Chancellor value the services of Mr Justice Peter Smith and he has my full confidence."
No statement was made by the judge.
External links
- "Judge creates own Da Vinci code", BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
- "From codes and naval heroes to Kylie's bottom", The TimesThe TimesThe Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
. Matthews, Athalie, 30 May 2006 - "Peter Smith Reprimanded"