Court of Appeal rules judge should not have heard case from bed

The Court of Appeal has ruled that a deputy High Court judge should not have presided over a disciplinary appeal while recovering from surgery in bed. Richard Clayton KC heard an appeal via video link from his bed the day after returning from a hospital procedure to repair a ruptured Achilles tendon.

The case involved an appeal by Suleman Patel against a nine-month suspension imposed by the General Optical Council. While the Court of Appeal rejected Patel’s appeal, Lord Justice Phillips noted that although the circumstances did not cause injustice in this specific instance, the judge should not have sat while encumbered by injury.

Lord Justice Phillips stated that hearing cases from bed should be a “last resort” reserved for exceptional circumstances, such as extreme urgency or when a matter can only be heard by a specific judge. The court emphasized that judges must have the essential tools to perform their duties professionally, including proper workspace and the ability to take notes without impediment.