A High Court judge has been removed from overseeing a case involving an alleged rape victim because he is a member of the male-only Garrick Club.
Sir Jonathan Cohen was due to hear a family court case involving a dispute between a mother and father over their son’s care, with the woman accusing the man of domestic abuse, and controlling and coercive behaviour.
The woman, who cannot be named for legal reasons, has also alleged that she was raped and sexually assaulted by other men – and is appealing against a court’s decision for a male psychologist to assess the family.
She applied for Sir Jonathan to step back from her case, claiming she would feel “prejudiced” and wouldn’t receive a “fair hearing” due to the judge’s membership of the Garrick Club.
Another High Court judge has now decided that Sir Jonathan should not oversee proceedings, as the father involved in the case was also a “regular visitor” to the club.
Read more: What is the Garrick Club?
Mr Justice Keehan also said the mother had previously protested outside the club.
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The court has heard that “at no stage” have the allegations against the father been determined.
The woman said in written submissions: “The fair-minded and informed observer… would conclude that there was a real possibility of bias should Sir Jonathan Cohen determine the appeal.
“I would also feel prejudiced and I do not feel that I would receive a fair hearing.”
The appeal is now being heard by Ms Justice Henke.
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Sir Jonathan was not among the senior judges named by The Guardian last month as being members of the Garrick, but the woman said he was named in other press reports.
Responding to disclosures that senior members of the legal profession were members of the club, Sam Townend KC, chairman of the Bar Council, said it was the choice of judges and barristers as to whether they join such institutions.
But he warned that “closed doors and exclusionary spaces” could create an “unfair advantage” and “it is vitally important that we retain the trust and confidence of the public”.
Other prominent members of the Garrick – one of the oldest members’ clubs in the world – included the King, Deputy Prime Minister Oliver Dowden, Sir Richard Moore, the head of MI6, and the UK’s chief civil servant Simon Case, who resigned his membership shortly after the list was published.
