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The Guardian
· collected 2026-09-23 · by Haroon Siddique Legal affairs correspondent
A court of appeal ruled that Judge Richard Clayton KC incorrectly heard an optician’s case from his bed via video link while recovering from surgery. The day after returning from a ruptured Achilles tendon operation, Clayton dismissed Suleman Patel's appeal against a nine-month suspension imposed by the General Optical Council for serious misconduct. Lord Justice Phillips and Lady Justice Falk rejected Patel’s appeal but criticized Clayton for not having proper conditions to conduct a professional hearing. They emphasized that judges should only hear cases when they have adequate tools and circumstances to do so properly, citing concerns over Clayton's physical limitations affecting his ability to take notes and navigate documents during the virtual proceedings.
Written locally by qwen2.5:14b on 2026-09-23,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
In April 2023, Richard Clayton KC, sitting as a deputy High Court judge, heard an appeal via video link while recovering from surgery for a ruptured Achilles tendon in his bed. The case involved Suleman Patel, an optometrist facing a nine-month suspension imposed by the General Optical Council. Despite difficulty navigating PDF documents and advised not to stand up for eight days post-surgery, Clayton dismissed Patel’s appeal.
Patel appealed this decision to the Court of Appeal, arguing that the judgment was unjust due to Clayton's compromised condition. On Tuesday, Lord Justice Phillips and Lady Justice Falk ruled in favor of rejecting Patel’s appeal but also stated that it was improper for Clayton to hear the case from his bed unless under exceptional circumstances.
The court emphasized that while Clayton's willingness and fortitude were commendable, judges must have essential tools and professionalism to perform their duties adequately.
Written for “Judge Overstepped While Ill” on 2026-10-05,
grounded in this article and the 1 other(s) covering the same event.
A judge was wrong to hear a case from his bed via video link while recovering from surgery, the court of appeal has said.
asserted
court → hear → appeal
Richard Clayton KC, sitting as a deputy high court judge, heard an optician’s appeal against a finding of serious misconduct from bed the day after returning from hospital where he had undergone an operation for a ruptured achilles tendon.
asserted
he → sit → tendon
Clayton dismissed Suleman Patel’s appeal against a nine-month suspension imposed by the General Optical Council but Patel took the case to the court of appeal.
asserted
Patel → dismiss → appeal
Patel claimed: “The general handling of the appeal by [Clayton] … has not been dealt with to the standard to be expected of the court such that the judgment is not reliable.”
asserted
judgment → claim → court
In a judgment published on Tuesday, and first reported by the news website Legal Futures, Lord Justice Phillips, sitting with Lady Justice Falk, rejected Patel’s appeal but said Clayton should not have heard the case from bed.
asserted
Clayton → publish → bed
Phillips wrote: “The deputy judge is to be commended on his willingness to hear a case whilst recovering from injury and his fortitude in doing so in bed, in trying circumstances.
asserted
judge → write → circumstances
However, I consider 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 (and a hearing should only be listed before them) when they have the essential tools to undertake the task properly and professionally …”
asserted
they → consider → task
He added: “Although it did not cause any injustice in the present case, in my judgment the deputy judge should not have sat on the present case whilst encumbered by his injury.
asserted
judge → add → injury
There was no great urgency and other arrangements could and should have been made.
uncertain
arrangements → be → ?
I do not say that a judge should never undertake a hearing whilst in bed or otherwise than at a desk or table, but it should be a last resort, where the matter cannot sensibly be listed before a judge sitting in the conventional way.”
asserted
matter → say → way
While hearing the case, Clayton said he was “sitting prone in bed, which makes it pretty difficult, I suspect, for me to navigate some of the pdf bundles.
asserted
me → hear → bundles
I have, however, read all the relevant material …
asserted
I → read → material
We will just have to see how we go.”
asserted
we → have → ?
He later said: “This has turned out to be far more difficult, I’m afraid, than I had anticipated because I am handicapped by an ability [sic] to write anything down.”
asserted
I → say → anything
However, at several points thereafter the transcript recorded him saying he was taking a “proper note” of what was being said.
asserted
what → record → note
During the hearing, Clayton said the hearing was “testing my stamina significantly” and at the end apologised “for the problems at the beginning”.
asserted
hearing → say → beginning
He explained that “it has been quite tricky but not impossible to deal with the hearing largely from a non-sitting position”.
asserted
it → explain → position
Clayton said he had been advised he could not stand for eight days after leaving hospital, was taking paracetamol and had “cleared the position with the senior staff at the administrative court”.
uncertain
he → say → court
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