"It is understood why you took offence and Sir Scott Baker has apologised for his inadvertent mistake" OJC July 2010
"When we are appointed we take an oath or affirmation that we will administer justice ‘to do right to all manner of people after the laws and usages of this realm’. We act in accordance with that oath. We treat equally all who come before us, regardless of whether they are men or women, regardless of their race or religion and whether they are rich or poor"
"So I can give you this assurance. Any man or woman who appears before a judge in this country will receive equal treatment in the administration of the law. The judge will treat each litigant in the same way. But the judge’s duty is to apply the law, whether he agrees with the law or not. So the important question is not ‘does the judge treat everyone equally?’ but ‘does the law treat everyone equally?’ In any society the answer to that question depends upon the motives, the beliefs, the attitudes, the prejudices or lack of prejudices of those who make the law"
Anyhow, I shall leave this to the audience to assess whether this is an inadvertent mistake or a racist one :). It would be a bit like calling someone a "Paki" and calling it a " unfortunate mistake" due to the similarity to "Pakistani". There is one fabulous thing about being a judge, while they are unaccountable and are paid in excess of £192,000 per year, they are of the view that the public actually respect the work they do :).At some point, I must run a petition to reduce their salary down by half. No reason the tax payer should fund this kind of slip shod behaviour.
"There is no dispute that Sir Scott Baker referred to you as ‘Dr Patel’. When he was contacted for permission for officials to request the court recording (an entirely routine courtesy) he immediately gave permission, but also took the opportunity to say that, without at that stage having recourse to the transcript, if he had referred to you as Dr Patel, then he was extremely sorry for his oversight and he gave his assurance that he had intended no offence. He observed that he would have expected your counsel to bring this to his attention at the time. If this had been done it would have afforded him an immediate opportunity to correct the court record and apologise directly to you.
It is clearly a sensitive matter to refer to anyone by the wrong name and perhaps particularly so if there can be racial or other associations. It is understood why you took offence and Sir Scott Baker has apologised for his inadvertent mistake.
There is no evidence that in referring to you as ‘Dr Patel’ for a short time on four occasions Sir Scott Baker was deliberately seeking to offend. For the remainder of the hearing he referred to you by your correct name. On the evidence available, Sir Scott Baker made an unfortunate mistake of the sort almost every judge, however conscientious, occasionally makes. When drawn to his attention he has immediately apologised.
It is an unfortunate and regrettable slip. If you or your counsel had brought his mistake to his attention at the time he would have been able to apologise to you directly. He has now done so. It is not, however, a matter of judicial misconduct"