Judge was 'wrong' to hear case from bed while recovering from surgery

A judge who had ‘difficulty navigating PDF bundles’ after surgery was wrong to hear a case from his bed, a court has found.

Richard Clayton KC was sitting as a deputy High Court judge when he heard an appeal for a suspended optometrist via video link.

He had undergone surgery the previous day for a ruptured Achilles tendon and was struggling with his ‘stamina’.

Nevertheless he heard the case and rejected an appeal made to the High Court by optometrist Suleman Patel - who had previously been found guilty of serious misconduct and suspended for nine months.

But 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 while there had been unsatisfactory elements to the way the case was heard, they did not lead to injustice or an incorrect judgment.

However, they noted Judge Clayton was wrong to hear the case from his bed.

Judge Clayton said at the hearing he was having difficulty navigating PDF bundles and could not take notes.

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.

Read the full article at the Daily Mail.