Scottish Daily Mail

Judge quits £3bn BA case af ter court rant over his own lost bags

- By Ian Drury Home Affairs Correspond­ent

A JUDGE has j ust as much right as anyone to complain when an airline loses his luggage.

But airing his grievance forcibly while presiding over an unrelated £3billion case involving the same airline might not have been the wisest move.

Amid accusation­s of bias, Mr Justice Peter Smith, one of England’s most senior – and colourful – judges, has agreed to step down from the case.

The High Court judge was hearing a dispute involving BA, tens of thousands of firms and 30 other airlines in London.

But coincident­ally, after his baggage went missing on a recent trip to Italy, he had sent emails to BA’s chairman using his judicial title, accusing staff of deliberate­ly leaving behind all the plane’s luggage and deceiving passengers.

Unfortunat­ely, he then decided to include his own baggage woes in the separate multi-billionpou­nd case being played out in his courtroom.

In an extraordin­ary rant, Mr Justice Smith threatened to order BA’s chief executive to the court to explain how a whole aeroplane’s luggage could accidental­ly go missing before his bags ‘spontaneou­sly’ turned up at his home last week.

He told BA’s legal team, led by Jon Turner, QC: ‘ Right, Mr Turner, here is a question for you: what happened to [the] luggage?’

When the barrister replied that they were not dealing with that issue the judge insisted: ‘I am asking you – what has happened to the luggage?’

The lawyer again declined to address his request, leading to Mr Justice Smith to warn: ‘In that case, do you want me to order your chief executive to appear before me today?’

Told it would be inappropri­ate to discuss a personal dispute, the j udge replied: ‘ What is inappropri­ate is the continued failure of your clients to explain a simple question, namely, what happened to the luggage? It has been two weeks since that happened.’

After objecting to doubts being cast on his impartiali­ty, the judge said: ‘ I do not believe for a minute that the reasonably minded observer would think that merely because I had raised issues about the non-delivery of my luggage, that it should raise the possibilit­y of bias.’

But when BA’s l egal team applied for the judge to stand aside this week, he agreed. A new judge will now have to be appointed in his place to preside over the case, dating back to 2006, over a European Commission ruling that BA was guilty of colluding to fix air cargo charges.

Mr Justice Smith is known as one of the legal profession’s most characterf­ul f i gures, having hidden a message in a High Court judgment relating to the Da Vinci Code copyright trial.

The judge took a leaf out of Dan Brown’s global bestsellin­g novel to hide his own ‘Smithy Code’ message in i talicised l etters in t he first s even paragraphs of t he 71- page court document.

‘What happened to the luggage?’

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