- The Court of Appeal has ruled that Deputy High Court Judge Richard Clayton KC was wrong to conduct a High Court hearing from his bed while recovering from Achilles tendon surgery, although his original ruling was ultimately upheld.
- Optometrist Suleman Patel challenged the judge's rejection of his appeal against a nine-month suspension for misconduct, arguing that Judge Clayton's physical condition rendered him unfit to oversee the proceedings fairly.
- During the November 2024 remote hearing, Judge Clayton acknowledged facing significant difficulties navigating electronic PDF bundles, taking notes, and maintaining stamina while presiding from a non-sitting position.
- Lord Justice Phillips stated that judges should only conduct hearings from bed as a last resort in exceptional circumstances where no alternative judge is available and proper tools are accessible to handle the case professionally.
- Although the Court of Appeal highlighted unsatisfactory elements in the proceedings, including a 16-month delay in delivering the written ruling, it concluded that no actual injustice had occurred and dismissed Mr Patel's appeal.
IN FULL
Judge wrong to hear case from bed while resting from surgery, court says
