- The Court of Appeal has ruled that Deputy High Court Judge Richard Clayton KC was wrong to conduct a High Court hearing from his bed while recovering from Achilles tendon surgery, although his original ruling was ultimately upheld.
- Optometrist Suleman Patel challenged the judge's rejection of his appeal against a nine-month suspension for misconduct, arguing that Judge Clayton's physical condition rendered him unfit to oversee the proceedings fairly.
- During the November 2024 remote hearing, Judge Clayton acknowledged facing significant difficulties navigating electronic PDF bundles, taking notes, and maintaining stamina while presiding from a non-sitting position.
- Lord Justice Phillips stated that judges should only conduct hearings from bed as a last resort in exceptional circumstances where no alternative judge is available and proper tools are accessible to handle the case professionally.
- Although the Court of Appeal highlighted unsatisfactory elements in the proceedings, including a 16-month delay in delivering the written ruling, it concluded that no actual injustice had occurred and dismissed Mr Patel's appeal.
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