A deputy High Court judge heard an appeal whilst recovering from surgery, sitting in bed via video link, which the Court of Appeal has now ruled was inappropriate. The case involved optometrist Suleman Patel's appeal against his nine-month suspension for serious misconduct; Judge Richard Clayton, who had undergone Achilles tendon surgery the previous day, rejected the appeal despite struggling with stamina, difficulty navigating documents and inability to take notes. Although the Court of Appeal found the judgment itself was not unjust, the decision sets an important precedent about judicial fitness and when judges should step aside during recovery from illness or injury.

Judge Clayton had been advised not to stand for eight days following his hospital discharge, yet proceeded to hear the appeal via video from his bed. The Court of Appeal's Lord Justice Phillips commended the judge's willingness to sit whilst injured but established that judges should only undertake hearings from bed in exceptional circumstances—such as genuine urgency or when only that specific judge can hear the matter. The judgment also noted concerning delays, with the judge's written ruling taking 16 months to be provided and emails from the case participants going unanswered during proceedings.