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.
In a judgment reported by Legal Futures, Lord Justice Phillips, sitting with Lady Justice Falk, rejected Patel’s appeal. However, Phillips stated that while Clayton's willingness to hear the case was commendable, judges should generally only undertake hearings when they have the necessary tools for a proper and professional execution, unless in exceptional circumstances such as great urgency or if a specific judge is required. Phillips added that other arrangements could and should have been made, and sitting in bed should be a last resort.
During the hearing, Clayton himself noted the difficulties, stating he was "sitting prone in bed, which makes it pretty difficult... to navigate some of the PDF bundles" and that the hearing was "testing my stamina significantly." He later apologized for the initial problems, explaining it had been "tricky but not impossible to deal with the hearing largely from a non-sitting position."