UK · EWCACourt order
Court of Appeal: judges should hear cases from bed only as a last resort
In Patel v General Optical Council [2026] EWCA Civ 1206, handed down on September 22, 2026, the Court of Appeal refused permission for a second appeal by suspended optometrist Suleman Patel but held Deputy High Court Judge Richard Clayton KC should not have heard the High Court appeal remotely from bed while recovering from Achilles surgery. Lord Justice Phillips, with Lady Justice Falk, said bed hearings should be a last resort when conventional listing is not feasible.
Opinion (Solicitors Journal) → · Legal Futures, The Guardian
Key points
- The Court of Appeal refused Patel permission to appeal in [2026] EWCA Civ 1206.Solicitors JournalLegal FuturesThe Guardian
- It held a deputy High Court judge should not have heard the case from bed after surgery.Legal FuturesThe Guardian
- Hearings from bed should be a last resort when conventional listing is not feasible.Legal FuturesThe Guardian
- The panel found no injustice to Patel despite the irregular hearing and judgment delays.Solicitors JournalLegal Futures
- Reading draft judgments aloud was discouraged as apt to cause confusion.Solicitors JournalLegal Futures