Mr Justice Peter Smith faces an official investigation after refusing to stand down from a case over which he was presiding.

The Lord Chief Justice, Lord Phillips, with the agreement of the Lord Chancellor, referred Smith to the Office of Judicial Complaints (OJC) after he refused to stand down from Howell and ors v Lees-Millais and ors even though an application had been lodged for him to do so.

The application was filed by Addleshaw Goddard private client head Paul Howell, who was a named party in the case.

Under regulations laid out in 2006, the Lord Chief Justice and Lord Chancellor can refer for investigation by the OJC any matter where the conduct of a judicial office-holder may warrant disciplinary proceedings.

It is understood Mr Justice Smith and Addleshaws were in negotiations that would have seen the judge join the firm. However, the talks broke down at the end of May after five months of discussions.

The matter will now be considered by the OJC.