The Aporia · Judge was wrong to hear case from his bed while recovering from surgery, Court of Appeal finds

Judge was wrong to hear case from his bed while recovering from surgery, Court of Appeal finds

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Qurashi, N. (2026, September 23). Judge was wrong to hear case from his bed while recovering from surgery, Court of Appeal finds. Daily Mail. https://www.dailymail.com/news/article-16155055/judge-wrong-hear-case-bed-surgery-Court-Appeal.html?ns_mchannel=rss&ns_campaign=1490&ito=1490

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Quick Summary

A Court of Appeal has ruled that Deputy High Court judge Richard Clayton KC was incorrect to preside over a legal hearing from his bed while recovering from surgery. Clayton, who had recently undergone an operation for a ruptured Achilles tendon, heard an appeal against the suspension of optometrist Suleman Patel via video link despite struggling with fatigue and difficulty navigating case documents. Although the Court found no actual injustice occurred in this specific instance, Lord Justice Phillips criticized Clayton's decision, emphasizing that judges should have the necessary tools and physical capability to conduct hearings properly.

Written by AI on 2026-09-23, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In April 2023, Richard Clayton KC, sitting as a deputy High Court judge, heard an appeal via video link while recovering from surgery for a ruptured Achilles tendon in his bed. The case involved Suleman Patel, an optometrist facing a nine-month suspension imposed by the General Optical Council. Despite difficulty navigating PDF documents and advised not to stand up for eight days post-surgery, Clayton dismissed Patel’s appeal.

Patel appealed this decision to the Court of Appeal, arguing that the judgment was unjust due to Clayton's compromised condition. On Tuesday, Lord Justice Phillips and Lady Justice Falk ruled in favor of rejecting Patel’s appeal but also stated that it was improper for Clayton to hear the case from his bed unless under exceptional circumstances.

The court emphasized that while Clayton's willingness and fortitude were commendable, judges must have essential tools and professionalism to perform their duties adequately.

Written for “Judge Overstepped While Ill” on 2026-11-02, grounded in this article and the 1 other(s) covering the same event.

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69/100

Daily Mail's corrections and hedging, across everything collected from it. Not a measure of accuracy.

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Who wrote this

Noor Qurashi

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Claims (16 extracted, 1 hedged)

- See more Daily Mail on Google - save us as a Preferred Source A judge who had 'difficulty navigating PDF bundles' after surgery was wrong to hear a case from his bed, a court has found. asserted

court → see → bed

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

he → sit → link

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

He → undergo → 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. asserted

who → hear → 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. asserted

Clayton → take → 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. asserted

they → sit → injustice

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

Clayton → note → bed

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

he → say → notes

Richard Clayton KC (pictured) was sitting as a deputy High Court judge when he heard an appeal for a suspended optometrist via video link He also mentioned being tired and that the case was 'testing his stamina', saying he had been advised not to stand up for eight days after leaving hospital. asserted

he → picture → hospital

At the end of the hearing he said it had been 'quite tricky but not impossible to deal with the hearing largely from a non-sitting position'. asserted

it → say → position

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. asserted

judge → say → 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. asserted

they → consider → task

'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. ' asserted

judge → cause → injury

I do not say that a judge should never undertake a hearing whilst in bed or otherwise than at a desk or table, but it should be a last resort, where the matter cannot sensibly be listed before a judge sitting in the conventional way. asserted

matter → say → way

Even then, of course, a judge should not sit if they are suffering from illness or infirmity that impairs their ability to hear the matter fairly and properly.' asserted

that → sit → matter

Lord Justice Phillips also noted emails from those involved in the case seeking Judge Clayton's judgment went unanswered and the written ruling was not provided for 16 months. asserted

ruling → note → months

Judge was wrong to hear case from his bed while recovering from surgery, Court of Appeal finds

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Claims (16 extracted, 1 hedged)