Appeal court removes Peter Smith J from Mills & Reeve negligence case

  • Print
  • Comments (6)

Readers' comments (6)

  • I am surprised that the C of A should have acted in this way. It seems some Judges feel they are above sanction.

    Unsuitable or offensive? Report this comment

  • How many times must the CoA sanction the same High Court judge before more serious action is taken by the Lord Chancellor?

    Unsuitable or offensive? Report this comment

  • An application for summary judgement at trial seems to be a little late if the firm had notice of the claim back in March 2008?

    It seems to me the Judge was acting in accordance with the overriding objective.

    Unsuitable or offensive? Report this comment

  • The application for summary judgment was courageous but appropriate on the facts. Permission to amend was given by the Judge on the basis of what the Swains' counsel claimed would be anticipated expert evidence in support of "new case A"; but in the event the Swains filed an amendment (and expert report) which sought to allege "new case B" - for which permission had not been given. New Case B dropped altogether the claim of negligence as originally pleaded - so from the poor solicitors' point of view, why not try for a summary strike-out?

    Unsuitable or offensive? Report this comment

  • No surprises. We have just successfully asked this Judge to recuse himself and stand down on the case for apparent bias. Surely in light of his previous record this Judge must now be removed from the judiciary altogether in the interest of administration of justice?

    Unsuitable or offensive? Report this comment

  • From what I gather about Mr Justice Peter Smith on the basis of these kinds of press reports and from the views of members of the profession generally who have encountered him, I simply do not understand what a judge has to do to be discharged from the judiciary. In any other walk of life, Smith's persistent record would have caused his removal a long time ago. It is frankly shameful he is still there causing a stir in the worst manner possible.

    Unsuitable or offensive? Report this comment

Have your say

Mandatory Required Fields

Mandatory

Comments that are in breach or potential breach of our terms and conditions in particular clause 8, may not be published or, if published, may subsequently be taken down. In addition we may remove any comment where a complaint is made in respect of it. These actions are at our sole discretion.

  • Print
  • Comments (6)