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Judge Hears Case From Bed After Surgery
23 Sep
Summary
- A judge faced criticism for hearing a case while recovering from surgery in bed.
- The Court of Appeal stated judges should only sit in exceptional circumstances.
- The ruling highlighted issues with hearing cases not from a conventional workspace.
The Court of Appeal has ruled that a judge was wrong to conduct a court hearing from his bed while recuperating from surgery. Richard Clayton KC, acting as a deputy High Court judge, heard an appeal for a suspended optometrist the day after leaving the hospital for a ruptured Achilles tendon surgery.
The optometrist, Suleman Patel, had been suspended for nine months by a fitness to practice committee. Judge Clayton had initially rejected his appeal at the High Court. Mr. Patel then took his case to the Court of Appeal, arguing the decision was unjust due to the judge's condition.
Lord Justice Phillips, sitting with Lady Justice Falk, acknowledged the deputy judge's commendable willingness to hear the case under difficult circumstances. However, the court stated that, except in emergencies or when only a specific judge can hear a matter, judges should only sit when they possess the necessary tools for a proper and professional hearing. It was deemed that sitting from bed should be a last resort.
While the appeals court found that no injustice occurred in this specific instance, the deputy judge should have avoided sitting while encumbered by his injury. The ruling also noted that emails seeking the judgment went unanswered, and the written ruling was delayed by 16 months.
