Judge Wrong to Hear Case From Bed After Surgery, Court Rules

A judge who heard a case while recovering from surgery in bed was wrong to do so, the Court of Appeal has determined. Richard Clayton KC, sitting as a deputy High Court judge, heard an appeal for a suspended optometrist via video link the day after undergoing surgery for a ruptured Achilles tendon.

Clayton acknowledged at the time that he was having difficulty navigating digital case documents and could not take notes, citing that the case was "testing his stamina" and that he had been advised not to stand for eight days. He ultimately rejected the optometrist's appeal.

However, the Court of Appeal, in a judgment delivered on Tuesday, found that while the hearing had unsatisfactory elements, it did not lead to an unjust outcome or an incorrect decision. Lord Justice Phillips, sitting with Lady Justice Falk, stated 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."

While commending Clayton's willingness to hear the case under difficult circumstances, Lord Justice Phillips added that the deputy judge should not have proceeded with the hearing while encumbered by his injury. He noted that sitting in bed should only be a last resort, and only if the matter could not be sensibly scheduled for a judge to sit in the conventional manner. Furthermore, a judge should not sit if their ability to hear a case fairly and properly is impaired by illness or infirmity.

In addition to the circumstances of the hearing, Lord Justice Phillips also pointed out that emails sent to Judge Clayton seeking his judgment went unanswered, and the written ruling was not provided for 16 months.