High Court judge Mr Justice Peter Smith faces judicial investigation over British Airways complaint

Mr Justice Peter Smith is being investigated by the Judicial Conduct Investigations Office after he expressed his frustration at British Airways while overseeing a case involving the airline.

Probe: Justice Peter Smith has come under investigation after he complained about British Airways

Chris Ison/PA

Jamie Bullen

21 September 2015

A High Court judge is being investigated after he complained about how his luggage had gone astray on a British Airways flight while overseeing a case involving the airline.

Mr Justice Peter Smith referred to problems he encountered after flying back from Florence with his wife in July during a written ruling on the case, which involves allegations of fixed air cargo charges.

He said he had decided to pass on the case, which has yet to reach its final stages, to another judge but could face action over his conduct.

A spokesman for the Judicial Conduct Investigations Office - which monitors judges' behaviour - says an investigation is under way.

In the ruling, Mr Justice Smith said how he and other passengers were told their luggage had been left behind in Italy without explanation after the flight arrived at Gatwick.

The London-based judge explained although the tickets were booked with British Airways the flight was provided by Vueling.

His luggage arrived "without warning" some days later.

Mr Justice Smith said he did not know how a plane departed with all of the luggage left behind unless it was deliberate, adding it caused passengers some distress.

He contacted British Airways' customer relations department and then the airline's chief executive after claims he was "rebuffed".

Mr Justice Smith also said he raised the issue with lawyers acting on behalf of British Airways in the case but accused the legal team of refusing to investigate the matter.

In the ruling, he said he had been offered no explanation as to why his luggage had gone astray in the 12 days since the flight arrived.

Mr Justice Smith said: "The situation is that I do not know how a plane departs with all of the passengers' luggage left behind, unless that is a deliberate decision.

"British Airways must know what the position is. I am promised some form of answer."

"If those simple questions cannot be answered in 12 days with expedition, I really feel for other people who have the misfortune to fly with British Airways."

He added his belief was that passengers' luggage had been "bumped off" for a more profitable cargo.

Mr Justice Smith said he would step down from overseeing the case because the issue would be a distraction which could hamper its progress.

However, his own investigations would continue in a "private capacity."

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High Court judge Mr Justice Peter Smith faces judicial investigation over British Airways complaint

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