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Judge Richard Clayton was wrong to hear court case from his BED the day after Achilles surgery, Court of Appeal rules

From the Newshound archive · first published 23 September 2026 · last updated 24 September 2026.

Richard Clayton KC conducted a court hearing by video link from his bed, just 24 hours after Achilles tendon surgery, the Court of Appeal has ruled was wrong.
Richard Clayton KC conducted a court hearing by video link from his bed, just 24 hours after Achilles tendon surgery, the Court of Appeal has ruled was wrong.
Richard Clayton KC, whose written judgment was not handed down until 16 months after the bedridden hearing took place.
Richard Clayton KC, whose written judgment was not handed down until 16 months after the bedridden hearing took place.

Deputy High Court judge Richard Clayton KC presided over an appeal brought by a suspended optometrist while recovering in bed at home, just 24 hours after being discharged from hospital following Achilles tendon surgery — conducting the proceedings by video link. He acknowledged he was unable to take notes, was having difficulty navigating PDF documents, and told those present that the hearing was "testing his stamina". Lord Justice Phillips concluded that the judgment itself had caused no injustice, but held that Clayton should not have accepted the case under those circumstances.

Optometrist Suleman Patel had received a nine-month suspension for serious misconduct and saw that penalty upheld in Clayton's ruling.

Clayton conceded at the time that it was 'quite tricky but not impossible to deal with the hearing largely from a non-sitting position.'

Requests for Clayton's written judgment went unanswered, and it was not handed down until 16 months after the hearing had taken place.

MoreThe TimesJudge should not have heard case from bed, Court of Appeal says - The TimesDaily MailJudge was 'wrong' to hear case from bed while recovering from surgeryThe GuardianJudge wrong to hear case from bed while recovering from surgery, court says - The GuardianThe IndependentJudge heard case from bed while recovering from surgery
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