Key facts
- A judge was wrong to hear a case from his bed while recovering from surgery, the Court of Appeal has ruled.
- Deputy High Court Judge Richard Clayton KC heard an optician's appeal against a suspension for serious misconduct from his bed.
- The optician, Suleman Patel, claimed the judge's handling of the appeal made the judgment unreliable.
- Lord Justice Phillips stated that judges should only hear cases with essential tools and a professional setup, unless in exceptional circumstances.
- Clayton acknowledged difficulties hearing the case from bed, including navigating PDF bundles and taking notes.
The Court of Appeal has ruled that a deputy high court judge was wrong to hear a case from his bed while recovering from surgery. Richard Clayton KC, sitting as a deputy high court judge, heard an optician’s appeal against a nine-month suspension for serious misconduct the day after returning from hospital for an operation on a ruptured achilles tendon.
Clayton dismissed the appeal, but the optician, Suleman Patel, took the case to the Court of Appeal, arguing that the judge's handling of the appeal meant the judgment was unreliable. Patel claimed the judge had not dealt with the appeal to the standard expected of the court.