header-logo header-logo

20 June 2016
Issue: 7704 / Categories: Legal News
printer mail-detail

Mr Justice Peter Smith’s ruling in Saudi Prince case is set aside

A judge has come in for stinging criticism from the Court of Appeal in a judgment concerning the romantic life of the Prince of Saudi Arabia.

The court set aside Mr Justice Peter Smith’s judgment last November, in which he awarded Janan Harb £20m in cash and properties, and ordered a retrial. Smith J had ruled that a binding contract had been made between Harb and Prince Abdul Aziz bin Fahd that she should retract statements she had made about the prince in return for £20m. Harb married Prince Fahd in 1968 but left Saudi Arabia in 1970 after the relationship broke down. She remains married to the Prince under Sharia law.

Lawyers for the Prince highlighted Smith J’s “shortcomings” in the appeal, accusing him of “apparent bias” against Blackstone Chambers. Lord Pannick QC had written a newspaper article criticising Smith J’s handling of an unrelated case involving British Airways, in which the judge recused himself from the case after complaining about losing his luggage on a flight home from Florence. Smith J then fired off a furious letter to Blackstone stating he “would no longer support” Pannick’s chambers. Pannick appeared for the Prince at an earlier stage of the Harb case.

In Harb v Prince Aziz [2016] EWCA Civ 556, Lord Dyson allowed the Prince’s appeal but rejected the claim that Smith J was biased.

In a stern rebuke to Smith J, however, his judgment states: “It was a shocking and, we regret to say, disgraceful letter to write. It shows a deeply worrying and fundamental lack of understanding of the proper role of a judge.”

The Prince’s solicitor, Steven Morris, partner at Howard Kennedy, says: “The judgment of the Court of Appeal has re-affirmed the confidence of the Prince in the fair and independent resolution of disputes before the English Courts. 

“That confidence was severely undermined by the judgment of Mr Justice Peter Smith; that judgment was in key respects inconsistent with the written and oral testimony of Mrs Harb, the surrounding documents and the inherent probabilities.”

Issue: 7704 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll