Judge wrong to hear case from bed while resting from surgery, court says

A judge was wrong to hear a case from his bed as he recovered from surgery, the Court of Appeal has said.

Richard Clayton KC, sitting as a deputy High Court judge, heard an appeal for a suspended optometrist via video link the day after leaving hospital for surgery on a ruptured Achilles tendon.

Optometrist Suleman Patel had been found guilty of serious misconduct by a fitness to practice committee and suspended for nine months and Judge Clayton rejected his appeal against this at the High Court.

Mr Patel then took his case to the Court of Appeal, arguing the decision was unjust as Judge Clayton was not in a fit state to oversee the hearing.

In a judgment on Tuesday, Lord Justice Phillips, sitting with Lady Justice Falk, said that while there had been unsatisfactory elements to the way the case was heard, they did not lead to injustice or an incorrect judgment.

Judge Clayton said at the hearing on 20 November 2024, he was having difficulty navigating PDF bundles and could not take notes.

He also mentioned being tired and that the case was “testing his stamina”, saying he had been advised not to stand up for eight days after leaving hospital.

At the end of the hearing he said it has been “quite tricky but not impossible to deal with the hearing largely from a non-sitting position”.

Lord Justice Phillips said: “The deputy judge is to be commended on his willingness to hear a case whilst recovering from injury and his fortitude in doing so in bed, in trying circumstances.

“However, I consider that, save in exceptional circumstances, such as great urgency or where a matter can only be heard by a specific judge, a judge should only undertake a hearing when they have the essential tools to undertake the task properly and professionally.

“Although it did not cause any injustice in the present case, in my judgment the deputy judge should not have sat on the present case whilst encumbered by his injury.

“I do not say that a judge should never undertake a hearing whilst in bed or otherwise than at a desk or table, but it should be a last resort, where the matter cannot sensibly be listed before a judge sitting in the conventional way.

“Even then, of course, a judge should not sit if they are suffering from illness or infirmity that impairs their ability to hear the matter fairly and properly.”

Lord Justice Phillips also said that emails from those involved in the case seeking Judge Clayton’s judgment went unanswered and the written ruling was not provided for 16 months.