Image caption Colin Port said in November he would not re-apply for his own job

The chief constable of Avon and Somerset is taking the police and crime commissioner (PCC) to court.

Colin Port wants six months' notice and an injunction blocking the interview process for his replacement.

It follows his refusal to re-apply for his own job after PCC Sue Mountstevens asked him to do so when she was elected to the role in November.

In a statement, a spokesman said Mr Port's decision to take legal action had "surprised" Ms Mountstevens.

The case is due to come before Mr Justice Edwards-Stuart at the Royal Courts of Justice on Tuesday.

In November, Mr Port said he told Ms Mountstevens, an Independent, that he had "no intention" of re-applying for his own job.

He said he would not seek the renewal of his contract and would retire from the police service on 26 January.

In a statement, a PCC spokesperson said: "After publicly announcing on 22 November that he intended to retire at the end of his fixed-term appointment on 26 January 2013, we were surprised to receive a legal letter from Chief Constable Colin Port requesting six months' notice and an injunction blocking the interview process for a new chief.

"As legal proceedings are active there is nothing further we can add at this time."