A barrister has been fined £7,000 for joining a court hearing remotely from a train in Germany, a location deemed not conducive to professional legal proceedings.
Michael Engelhardt-Sprack, representing technology executive Shannon Burns, appeared via video link while overseas. Ms. Burns had been dismissed from her job for sleeping in a sauna after becoming intoxicated.
Mr. Engelhardt-Sprack, a specialist in employment and housing law at Garden Court Chambers in London, informed the tribunal that he resides permanently in Germany with his family, despite practicing in the UK.
A wasted costs hearing was informed that a tribunal judge had initially permitted Mr. Engelhardt-Sprack to appear remotely on the first day of the hearing last year. Despite this, Ms. Burns won her case, with the tribunal finding that her male colleagues were also intoxicated on the same night she fell asleep in the sauna. Ms. Burns is now seeking damages totaling £76 million against the company, which is currently owned by OpenAI, the developer of ChatGPT. Her claim for damages will be addressed in a subsequent hearing.
The case was initially postponed for 20 minutes to allow Mr. Engelhardt-Sprack to connect. He was reportedly on a train in Germany and assured the tribunal he could proceed with the case while wearing headphones. However, the judge ruled that the environment was 'not a suitably quiet environment.' Instead of finding a quieter location, Mr. Engelhardt-Sprack proceeded on another train.
Costs hearing judge Rachel Wedderspoon noted that 'the background noise of other passengers could be heard,' and that 'the internet connection was poor and it was difficult to hear the representative above the other noise.' Consequently, the hearing was postponed to the following day, at which point Mr. Engelhardt-Sprack appeared in person at the tribunal in Birmingham.
Judge Wedderspoon determined that 'one day of the hearing was aborted and wasted,' ordering Mr. Engelhardt-Sprack to pay £6,767.44 in wasted costs. Mr. Engelhardt-Sprack was called to the Bar in 2014 and is described as having 'extensive experience,' with testimonials from solicitors highlighting his client relations and knowledge.
This incident follows a similar case involving Priyank Tanwar, a solicitor who was struck off the roll after falsely informing a county court judge that he was working remotely from London, when he was in fact in Germany. Mr. Tanwar was banned from the legal profession and ordered to pay £7,500 in costs.