# Murray Stuart-Smith

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**Sir Murray Stuart-Smith**, [KCMG](/source/Order_of_St_Michael_and_St_George), [PC](/source/Privy_Council_of_the_United_Kingdom) (18 November 1927 – 21 January 2025) was an English [barrister](/source/Barrister) and [Appeal Court judge](/source/Court_of_Appeal_of_England_and_Wales).[2] His 1997 re-examination of [Lord Taylor's report](/source/Taylor_Report) into the [Hillsborough disaster](/source/Hillsborough_disaster) is seen today as a "debacle".[3]

## Early life

Stuart-Smith was educated at [Radley College](/source/Radley_College) and at [Corpus Christi College, Cambridge](/source/Corpus_Christi_College,_Cambridge).[2]

Stuart-Smith was called to the bar by [Gray's Inn](/source/Gray's_Inn) in 1952 and was made a [Bencher](/source/Bencher) 1978. He was appointed [Queen's Counsel](/source/Queen's_Counsel) in 1970, and as [judge of the High Court of Justice](/source/High_Court_judge_(England_and_Wales)) ([Queen's Bench Division](/source/Queen's_Bench_Division)) in 1981. He was appointed to the [Court of Appeal](/source/Court_of_Appeal_(England_and_Wales)) in 1987, and retired in 2000. He later served as President of the [Court of Appeal of Gibraltar](/source/Judiciary_of_Gibraltar) from 2007, and as Justice of the [Court of Appeal of Bermuda](/source/Law_of_Bermuda) from 2004.[2]

## Hillsborough Report

In retirement Sir Murray was appointed to re-examine [Lord Taylor's report](/source/Taylor_Report) into the [Hillsborough disaster](/source/Hillsborough_disaster), together with the wider question of whether the inquest process had been satisfactory. Sir Murray broadly concluded that there were no problems with the way that the inquiry had been handled. [Lord Falconer](/source/Charles_Falconer,_Baron_Falconer_of_Thoroton) later stated "I am absolutely sure that Sir Murray Stuart-Smith came completely to the wrong conclusion".[4] Falconer added: "It made the families in the Hillsborough disaster feel after one establishment cover-up, here was another."[4]

There was massive criticism of the Stuart-Smith inquiry, including outrage after the judge quipped during a meeting with families: “Have you got a few of your people or are they like the Liverpool fans, turn up at the last minute?”[5]

Criminologist Professor [Phil Scraton](/source/Phil_Scraton) has remained highly critical of the Stuart-Smith scrutiny, describing it as a "debacle".[3] Speaking in October 2012, Scraton said the findings of the [Hillsborough Independent Panel](/source/Hillsborough_Independent_Panel) – which disclosed that 41 of the 96 who died had the potential to survive had there been a more effective response to the emergency – showed "just how wrong he (LJ Stuart-Smith) was."[6]

## Later career

Stuart-Smith served as the President of the Gibraltarian Court of Appeal. In the [2012 Birthday Honours](/source/2012_Birthday_Honours) he was appointed a [Knight Commander of the Order of St Michael and St George](/source/Knight_Commander_of_the_Order_of_St_Michael_and_St_George) (KCMG) for services to justice in Gibraltar.[7]

## Judgments

Notable judicial decisions of Stuart-Smith include:

- *[Johnstone v Bloomsbury HA](/source/Johnstone_v_Bloomsbury_HA)* [1992] QB 333, [1991] 2 WLR 1362, [1991] 2 All ER 293, an [English contract law](/source/English_contract_law) case, concerning implied terms and unfair terms under the [Unfair Contract Terms Act 1977](/source/Unfair_Contract_Terms_Act_1977).
- *[Midland Bank plc v Cooke](/source/Midland_Bank_plc_v_Cooke)* [1995] 4 All ER 562, [constructive trusts](/source/Constructive_trust).
- *[Smith v Lloyds TSB Group plc](/source/Smith_v_Lloyds_TSB_Group_plc)* [2001] QB 541, liability of a bank on a forged cheque.
- 1992., another case on the [Unfair Contract Terms Act 1977](/source/Unfair_Contract_Terms_Act_1977).
- 1993., part payments of debt.
- Barry v Davies (Trading As Heathcote Ball & Co) [2000] 1 WLR 1962, CA

## Personal life and death

Sir Murray was the father of [Jeremy Stuart-Smith](/source/Jeremy_Stuart-Smith), also an Appeal Court judge, and the landscape architect and garden designer [Tom Stuart-Smith](/source/Tom_Stuart-Smith).[8]

Stuart-Smith died on 21 January 2025, at the age of 97.[9]

## Arms

## Footnotes

1. ["STUART-SMITH, Murray. Gray's Inn, Small Pension Room panel W11."](https://www.flickr.com/photos/baz_manning/54695322102/in/photostream/). Baz Manning. Retrieved 15 August 2025.

1. ["Rt Hon Sir Murray Stuart-Smith"](http://www.debretts.com/people-of-today/profile/26421/Murray-STUART-SMITH). [Debrett's](/source/Debrett's). Retrieved 26 April 2016.

1. Scraton, Phil (2009). *Hillsborough: The Truth*. United Kingdom: Mainstream Publishing. ISBN 978-1-84596-495-5.

1. ["Hillsborough inquiry by Blair government criticised"](https://www.bbc.com/news/uk-15433324). BBC News. 25 October 2011.

1. ["Jack Straw says "I wish I could turn the clock back" after failing to expose Hillsborough cover-up"](http://www.liverpoolecho.co.uk/news/liverpool-news/jack-straw-says-i-wish-11263496). Liverpool Echo. 29 April 2016.

1. ["Liverpool Echo"](http://www.liverpoolecho.co.uk/liverpool-news/local-news/2012/10/24/the-hillsborough-files-part-three-professor-phil-scraton-on-how-the-campaign-for-justice-is-about-people-not-politics-100252-32090988/). 24 October 2012. Retrieved 13 January 2013.

1. No. 60173. 16 June 2012. p. 3.

1. ["Stuart-Smith, Thomas Richard Stephen Peregrine, (Born 14 Feb. 1960), landscape architect; Director, Tom Stuart-Smith LTD, since 1998"](https://www.ukwhoswho.com/view/10.1093/ww/9780199540884.001.0001/ww-9780199540884-e-272538). *Who's Who*. 2014. [doi:10.1093/ww/9780199540884.013.U272538](https://doi.org/10.1093/ww/9780199540884.013.U272538). ISBN 978-0-19-954088-4.

1. ["Sir Murray Stuart-Smith"](https://www.thetimes.com/comment/register/article/births-marriages-and-deaths-february-6th-2025-k550tlf3p). *The Times*. 6 February 2025. Retrieved 6 February 2025.

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Adapted from the Wikipedia article [Murray Stuart-Smith](https://en.wikipedia.org/wiki/Murray_Stuart-Smith) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Murray_Stuart-Smith?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.