Barrister Fined £7,000 for Joining Hearing from Noisy Train

A barrister has been fined £7,000 for joining a court hearing remotely from a train in Germany, an environment deemed unsuitable by the judge.

Michael Engelhardt-Sprack, representing technology executive Shannon Burns, appeared via video link from a train. Burns had been fired for sleeping in a sauna after becoming intoxicated, but later won her case after the tribunal found male colleagues were also drunk that night. She is now seeking £76 million in damages from the company, which is owned by OpenAI, the developer of ChatGPT.

The wasted costs hearing was told that the tribunal judge had initially permitted Engelhardt-Sprack to appear remotely on the first day of the hearing. However, the judge ruled that the train was 'not a suitably quiet environment' due to background noise from other passengers and a poor internet connection, making it difficult to hear the barrister.

The case was postponed for 20 minutes while Engelhardt-Sprack attempted to join from the train. He assured the tribunal he could conduct the case but was ultimately unsuccessful in providing an adequate setting. He then took another train to find a more suitable location.

Costs hearing judge Rachel Wedderspoon stated that the background noise was audible and the connection was poor. As a result, one day of the hearing was aborted and deemed wasted. Engelhardt-Sprack was subsequently ordered to pay £6,767.44 in wasted costs.

Engelhardt-Sprack, a specialist in employment and housing law at Garden Court Chambers in London, informed the tribunal that he lives permanently in Germany with his family, despite practicing in the UK. He was called to the Bar in 2014 and is described as having extensive experience, with testimonials highlighting his client interaction skills and comprehensive knowledge.

This incident follows a similar case involving Priyank Tanwar, a solicitor who was struck off the roll after lying to a county court judge about working remotely from London when he was actually in Germany. Tanwar was banned from the legal profession and ordered to pay £7,500 in costs.

Ms Burns' bid for damages will proceed at a future hearing.