Weekly take: Court napping – should we cut sleeping judges some slack?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Weekly take: Court napping – should we cut sleeping judges some slack?

sleeping judge mw-comp.jpg

After a judge with an ‘unremitting workload’ was given formal advice for falling asleep during a case, it might be time to wake up and assess the demands that arbiters face

If you watch debates from the House of Commons – the lower house of the UK Parliament – there’s a chance you might see somebody looking suspiciously like they have fallen asleep.

It’s a surprisingly common occurrence. The members of Parliament in question could claim they are intently listening of course, though some have admitted to momentarily drifting off.

Clearly, people with hugely responsible jobs and in public-facing positions should not be sleeping on the job, quite literally in this sense.

So, it was interesting to hear that last week a senior judge was issued with formal advice (but didn’t face further sanctions) after he fell asleep during a trial.

According to the Judicial Conduct Investigations Office, His Honour Michael Slater, a circuit judge based at Sheffield Combined Court, apologised and admitted to struggling with an “unremitting workload”.

It’s difficult to say whether I have sympathy or not. I think on balance I do.

The only times I have drifted off on work duty have been after long conferences and usually on the train or plane home rather than during a panel discussion.

But there’s a serious debate to be had here about workload.

If our judges are prone to falling asleep during working hours, should we not reconsider how much we ask of them?

This is not the first time this has happened.

In fact, one intellectual property partner at an international law firm tells me that one of the first large cases he was involved in, at the end of the 1980s, was a complex oil industry patent dispute in which a trial ran for several weeks.

“The judge fell asleep on a number of occasions, and counsel generally dealt with this by ‘accidentally’ dropping a book or knocking over a lever arch file,” he says.

Aside from the lack of professionalism, it can be a dispiriting experience for parties on both sides, who may have invested significant sums in a case and be rightly worried about the outcome or the potential for a re-trial, when the person responsible for the decision falls asleep.

In most IP cases (which usually fall under civil law), judges can’t even rely on members of the jury to listen while they dream of whatever judges dream about.

No details about the latest case have been published, though we do know that Slater’s roles have been in criminal cases, suggesting this was very unlikely to have been an IP matter.

Exhausting schedules

However, conversations with readers and sources of late have revealed that our IP judges are also extremely busy and no strangers to the tough demands of the job.

The partner at the international firm says at the start of his career – around 30 years ago – the understanding was that a judicial role was not that demanding and that judges had ample time to read into cases and write judgments.

Perhaps this made his experience of a sleeping judge all the more frustrating.

However, he notes that since then his overwhelming impression is that expectations have been continually ratcheted up. “I suspect the excuse of ‘unremitting workload’ is entirely valid,” he says.

“This includes the intellectual property courts, although I have never recently seen a sleeping judge, and the standard of justice maintained is world-class largely due to the outstanding work ethic of the judges involved,” he adds.

One litigator source notes that his party had to wait 13 months for the judgment in one trademark case, as the judge hearing the dispute had such a packed schedule.

Recent standard-essential patent disputes centring on fair, reasonable, and non-discriminatory rates have also resulted in some parties waiting for more than a year for a decision.

This is not to suggest that judgments should be rushed, but when judges are juggling multiple cases, it will likely have an impact on their efficiency and mental capacity.

Stakeholders also suffer by having to wait longer than they would like.

It’s worth noting too that many of our IP judges are required to step into other areas of law such as insolvency, which will only add to their workloads.

One source at an IP litigation firm in London points to another factor that might burden IP judges.

Earlier this summer, it was announced that most cases filed in the small-claims track at the Intellectual Property Enterprise Court (IPEC) would be heard in Manchester rather than in London.

From July 3, claims filed in that track, where the disputed amount is no more than £10,000 ($12,600), will be transferred to the Manchester Civil Justice Centre and case-managed by district judges there.

One source suggests this could make it tougher to find judges well-versed in IP and could spark more appeals, which would be taken on by more established IP judges.

“There are appeals aplenty in IP cases that have been decided by non-IP judges at first instance,” he adds.

If our IP judges are continually burning the midnight oil to get through cases, and with the prospect of more work on the horizon, then either a rethink of how cases are divided up or a new hiring spree may be required.

If not, then it may not be long before IP counsel resort to waking up judges by tactically dropping their books or lever arch files again.

more from across site and SHARED ros bottom lb

More from across our site

Fresh off a string of ITC victories, Latham has recruited Baker Botts’ ITC leader Lisa Kattan, adding another prominent name to one of the market's busiest ITC practices
The firm hopes its recent Düsseldorf expansion and UK partner hire will strengthen its offering as it looks to an integrated model to boost UPC capabilities
Stephenson Harwood’s trademark prosecution push and patent ambitions could complement Taylor Wessing’s remaining but depleted European IP strength following its UK arm’s departure
Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
Gift this article