Mr Justice Peter Smith should have withdrawn from a case in which a law firm he had been in unsuccessful negotiations with to join was involved, the Court of Appeal found last week.


The judge was, however, still sitting as the Gazette went to press, and the government said in a release that a decision on his position will not be taken until the Lord Chief Justice and the Lord Chancellor have a chance to read the Court of Appeal's full judgment.



Though he said no one has officially told him he has been removed from the case, Mr Justice Smith said: 'I discerned this when I prepared to sit on Tuesday but nobody turned up.



'No one has given me any reasons for my removal. I am unable to comment save to say that I will not be resigning,' he added. 'When I am informed officially of the decision and the reasons, I will consider what - if anything - I need to do or say then.'



Rupert White