Anne Smith, Lady Smith

Scottish lawyer and judge

This article is about the Scottish jurist. For other uses, see Ladysmith (disambiguation).

The Right Honourable

Lady Smith

Official portrait from 2006

Senator of the College of Justice

Incumbent

Assumed office
2001
Nominated by| Henry McLeish
As First Minister
Monarch| Elizabeth II
Personal details
Born|

Anne Mather

(1955-03-16) 16 March 1955 (age 69)
Spouse| David Alexander Smith
Alma mater| University of Edinburgh
Profession| Advocate

Anne Smith, Lady Smith, PC (born 16 March 1955) is a Scottish lawyer, and a retired judge. Smith is currently the chair of the Scottish Child Abuse Inquiry.

## Early life

[edit]

Smith was educated at Jordanhill School and Cheadle County Grammar School for Girls, before attending the School of Law of the University of Edinburgh, where she graduated with an LL.B. (Hons.).[1] She served a two-year apprenticeship with Shepherd and Wedderburn WS, and was admitted to the Faculty of Advocates in 1980.

## Legal career

[edit]

Smith worked as standing junior counsel to the Countryside Commission,[1] before becoming a Queen's Counsel in 1993.[1]

She served as a temporary sheriff from 1995 to 1999,[2] as chairman of the Scottish Partnership on Domestic Abuse from 1998 to 2000,[1] and as an advocate depute from 2000 to 2001.[2] In April 2001 she was blamed by Donald Findlay for falling dress standards in the courts. In 1997, she had been the first woman to appear before the Court of Session in trousers; Findlay said that "The drop in standards began when female lawyers were allowed to wear trousers in court. They are all right for going to Tesco in, but not suitable dress for ladies to wear in court."[2] In November 2001, Smith was appointed a judge of the Court of Session and High Court of Justiciary, the Supreme Courts of Scotland, taking the judicial title Lady Smith. Filling the vacancy created by Brian Gill's promotion to Lord Justice Clerk, she was only the third woman to be appointed to the College of Justice.

## Controversies

[edit]

Smith was appointed as chairwoman of the Scottish Child Abuse Inquiry in July 2016; since February 2017 she has been the sole member of the panel.[3] In 2019, a disability discrimination employment claim was made against Smith at the Scottish Child Abuse Inquiry. The allegation was that Smith discriminated, harassed and victimised a junior advocate of the inquiry when he was diagnosed with cancer, undergoing surgery, during chemotherapy and thereafter to date. Smith denied the allegations. The claim was later withdrawn due to fear of costs.[4][5] On 23 February 2022, an appeal court held that Smith was acting beyond her powers to prevent the BBC from fully reporting on the disability discrimination employment claim against Smith. An order restricting reporting detail of the claim was issued by the Scottish Child Abuse Inquiry and then challenged by the BBC, first through a judicial review and then an appeal of that review decision. [6]

The Scottish Child Abuse Inquiry has been criticised for the limited scope of investigations, mounting costs, and delay.[7][8][9]

John Halley, a former Counsel to the Scottish Child Abuse Inquiry, has written a book documenting his experience of disability discrimination by Smith. Halley outlines the cover up and corruption by the Scottish legal profession attempting to silence him because he called for an investigation into the historical child abuse allegations against senior legal professionals. [10]

Smith and her Senior Counsel, Andrew Brown KC, have been consistently criticised by survivors, most notably a prominent and vocal group called EA Survivors (ex Edinburgh Academy) founded by survivors brought together through Nicky Campbell. EA Survivors (EAS) has written to the Inquiry expressing strongly negative views about Lady Smith and alleging that she is institutionally biased in favour of prestigious private schools citing:

\- The controversial report on Loretto School in Musselburgh, which Smith published in April 2023. Survivors were highly critical of the positive tone adopted by Lady Smith. Her introductory sections describe how Loretto is “set in a leafy campus extending to about 85 acres…close to the sea.” “Pinkie House is worthy of particular mention” and according to Lady Smith’s report is “Scotland’s finest Renaissance Villa.” The Times wrote about the survivors' views on the Loretto report.[11]

\- A serious conflict of interest as Lady Smith served on the board of governor's of Scotland's leading girls private school, St George's School for Girls.[12] The survivors also understand that Lady Smith's husband and children were privately educated at Fettes, St George's and Edinburgh Academy.

The EA Survivors full report is available online.[13]

The next report from the survivor group will be published in Q1 of 2025, and will cover:

\- work being done to influence safeguarding in schools today

\- progress with criminal convictions

\- the role and culpability of former governors and school management

\- collusion and cover up

\- interference and abuse of position by senior members of the legal profession in Scotland

\- systematic mistreatment of whistle-blowers by Lady Smith.

Lady Smith's predecessor resigned due to alleged views deemed 'offensive to survivors'.[14]

## Personal life

[edit]

Smith married David Alexander Smith, a solicitor, in 1979, with whom she has a daughter and a son.

## References

[edit]

1. ^ a b c d "Biographies - The Hon Lady Smith". Scottish Court Service. Archived from the original on 23 September 2009. Retrieved 17 August 2009.
2. ^ a b c "Trousers-row lawyer to sit on bench". The Scotsman. 26 November 2001. Retrieved 6 June 2016.
3. ^ "Scottish Child Abuse inquiry to be extended". BBC. Retrieved 23 August 2018.
4. ^ "Advocate John Halley withdraws employment claim against Lady Smith". Scottish Legal News. Retrieved 14 February 2020.
5. ^ "Mr J Halley v The Rt Hon Lady Anne Smith Respondent Chair Of The Scottish Child Abuse Inquiry: 4107805/2019". Gov.UK. Retrieved 14 February 2020.
6. ^ "Scottish Child Abuse Inquiry judge had no power to ban media, court rules". BBC. Retrieved 23 February 2022.
7. ^ Scott, Marion (26 January 2020). "Child abuse inquiry: Angela Constance defends remit". BBC News. Retrieved 6 September 2021.
8. ^ Garavelli, Dani (17 August 2014). "Call for inquiry into Scots historical sex abuse". The Scotsman.
9. ^ Horne, Marc (26 July 2021). "Child abuse inquiry costs soar as concern raised over compensation panel fees". The Times.
10. ^ Halley, John (2023). "A Judicial Monstering: Child Sex Abuse Cover Up And Corruption In Scotland". Amazon. Retrieved 14 September 2023.
11. ^ Horne, Marc (1 May 2023). "Abuse victims condemn Lady Smith's praise for Loretto school". www.thetimes.com. Retrieved 29 October 2024.
12. ^ "Anne SMITH personal appointments - Find and update company information - GOV.UK". find-and-update.company-information.service.gov.uk. Retrieved 29 October 2024.
13. ^ Heard, Seen & (26 September 2024). "Edinburgh Academy Survivors Release 2024 Annual Report". Seen & Heard. Retrieved 29 October 2024.
14. ^ Brooks, Libby; correspondent, Libby Brooks Scotland (4 July 2016). "Chair of Scottish abuse inquiry quits over 'government interference'". The Guardian. ISSN 0261-3077. Retrieved 29 October 2024. `{{cite news}}`: `|last2=` has generic name (help)

## External links

[edit]

* profile at Judiciary of Scotland website

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Current Senators of the College of Justice

Senior Judiciary|

* Lord President: Lord Carloway
* Lord Justice Clerk: Lady Dorrian
* Chairman of the Scottish Land Court: Lord Duthie

Inner House|

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Outer House|

* Lord Brailsford
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Historic list of Senators of the College of Justice

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