Mr Justice Marcus Smith, who was reprimanded in August for handing a love letter to a junior staff member, is stepping down as president of the Competition Appeal Tribunal (CAT).

A statement issued on Tuesday (2 October) by the Courts and Tribunals Judiciary said Smith would be replaced on 4 November at the end of his term of office by former CAT president Sir Peter Roth, who will serve as acting president until a permanent replacement is found.

“A Judicial Appointments Commission competition to appoint a new CAT president will be announced shortly,” the statement said.

Smith, who is expected to revert to being a full-time Chancery Division judge on his retirement as CAT head, took over as president from Roth in November 2021. He hit the headlines in August when the Judicial Conduct Investigations Office (JCIO) issued a statement providing details of his reprimand, the most serious sanction short of removal from office.

A senior nominated judge, who investigated the complaint, said Smith “had abused his position and crossed lines which should not be crossed” by delivering a letter to a junior staff member in which he referred to the challenges of his role and “also stated that he loved the member of staff and wanted to know if this was reciprocated”.

Smith’s departure ends an association with the CAT that dates back to 2009, when he was appointed as a fee-paid chairman while a tenant at leading commercial set Fountain Court. He became a High Court judge in 2017.

Smith is the fourth president of the CAT following its establishment in April 2003. He will have served in the role for three years when he steps down. Roth had previously served an eight-year term before handing over the reins to Smith.

At the CAT, Smith has presided over several high-profile antitrust damages claims, including Sainsbury’s v MasterCard and the Forex group action. He is the lead judge in the Merricks litigation, involving both MasterCard and Visa, as well as the Merchant Interchange Fee Umbrella Proceedings, among other cases.