Gordon Smith has been refused leave to appeal to the Supreme Court over access to audio recordings of his Court of Appeal hearings. O'Malley, Collins and O'Moore JJ. gave the determination on 13 October 2026.
Mr Smith is the first defendant in proceedings brought by KBC Bank NV. He appealed two High Court decisions to the Court of Appeal, and the appeals were dismissed in a written judgment on 11 May 2026. He then asked the President of the Court of Appeal for the transcripts of three hearings and digital copies of the audio. On 19 June 2026 she refused. She noted he already had the transcripts and that reasons had been given each time. She said the recordings could be provided if it turned out to be necessary.
Mr Smith said he needed the full oral record to prepare an application for leave to appeal. KBC took a neutral position.
The Supreme Court said he had not shown that the President erred in exercising her discretion. It said it had recently set out the principles on access to a transcript in a case involving him, and this application raised nothing new. It added that bald assertions of omissions are not enough, and he had not said what was missing. Leave was refused.