Appeal court criticises judge’s decision to hear case from hospital bed

The Court of Appeal has said a judge was wrong to hear a case by video link from his bed while recovering from surgery, according to the Guardian. Richard Clayton KC, sitting as a deputy High Court judge, heard an optician’s appeal against a finding of serious misconduct. The hearing took place from his bed the day after he returned from hospital.

Clayton had undergone an operation for a ruptured Achilles tendon. The available report did not provide further details about the medical recovery, the length of the hearing or the nature of the allegations that had led to the misconduct finding. The appeal court’s criticism concerned the circumstances in which the hearing was conducted.

The supplied material did not include the full reasoning behind the ruling, nor did it state whether the original decision was overturned or whether the case was sent back for a new hearing. It also did not include comments from Clayton, the optician or their legal representatives. The case illustrates the court’s concern about a judge’s ability to conduct proceedings while recuperating, but the available extract does not set out broader guidance on remote hearings or judicial fitness.