Judge Malcolm Simmons Wins Libel Action

Judge Malcolm Simmons has agreed to accept what has been described as a “six figure payout” from defendants who had falsely stated he was the subject of an investigation for alleged criminal offences.

In 2017 the defendants published online stories that made false allegations against Judge Simmons.  The defendants alleged Judge Simmons was under investigation for criminal offences arising from the exercise of his judicial function.  They also alleged he did not possess the necessary qualifications to be a judge.  Judge Simmons requested the defendants take down the defamatory articles.  When they refused Judge Simmons issued libel proceedings in the High Court in London. The defendants have accepted the allegations were false. They have apologised unreservedly to Judge Simmons and agreed to pay damages.

Private Practise

Judge Simmons qualified as a Solicitor of the Supreme Court in 1992.  He was in practise in England until 2001.  At that time he was a partner in a law firm.  That law firm subsequently merged with another law firm.  Judge Simmons left the law firm before the merger in order to pursue an international career.  Allegations that the law firm was “defunct” were untrue.  Judge Simmons had previously worked for Bircham & Co. and Barlow Lyde & Gilbert.  Judge Simmons also served as an Assistant Deputy Coroner in the Eastern District of Greater London. That defendants accepted that the allegations were made to damage the reputation of Judge Simmons.

Judicial Qualifications

Judge Malcolm Simmons was an employee of the UK Foreign & Commonwealth Office and served as an international criminal judge from 2004 to 2017.  From 2004 to 2008 he was an International Judge of the Court of Bosnia & Herzegovina in Sarajevo.  From 2008 to 2017 he was an International Judge of the EU Rule of Law Mission in Kosovo. He presided in war crime and serious organised crime cases.  He was a well-respected judge who had an unblemished career on the bench. From 2014 to 2017 he was President of EULEX Judges.  Few other international judges serving in EULEX had experience presiding in serious organised crime cases.  Even fewer had war crime experience. In 2016 Judge Simmons was interviewed by a panel of senior judges from The Hague and selected as a judge of the Kosovo Specialist Chambers. The defendants accepted that the allegation that Judge Simmons was not qualified to serve as an international judge were false.  Judge Simmons was not available for comment.

Other Legal Proceedings

Other proceedings are currently ongoing before the English Courts.