A judge was incorrect to hear a case from his bed via video link while recovering from surgery, according to a ruling by the Court of Appeal. Richard Clayton KC, sitting as a deputy high court judge, heard an optician's appeal against a finding of serious misconduct the day after an operation for a ruptured achilles tendon.
Clayton had dismissed Suleman Patel's appeal against a nine-month suspension by the General Optical Council. Patel subsequently took the case to the Court of Appeal, claiming the handling of his appeal by Clayton was not to the expected standard.
In a judgment published on Tuesday, Lord Justice Phillips, alongside Lady Justice Falk, rejected Patel's appeal. However, Phillips stated that Clayton should not have heard the case from bed, noting that while Clayton's willingness to hear the case was commendable, judges should only undertake hearings when they have the necessary tools to do so professionally, except in exceptional circumstances like great urgency.
Phillips added that although no injustice was caused in this specific case, other arrangements could and should have been made. Clayton had stated during the hearing that he was "sitting prone in bed," which made navigating documents difficult and tested his stamina.