A High Court judge has been removed from his role in the case of an alleged rape victim because he was a member of the men-only Garrick Club.
Sir Jonathan Cohen will hear a family court case involving a dispute between a mother and father over the care of their son, with the woman accusing the man of domestic abuse, control and coercive behaviour.
The woman, who cannot be named for legal reasons, also claims she was raped and sexually assaulted by other men and is appealing a court decision to have the family assessed by a male psychologist.
She applied for Sir Jonathan to withdraw from her case, claiming she would feel “prejudicial” and would not receive a “fair hearing” because the judge was a member of the Garrick Club.
Another High Court judge has now decided that Sir Jonathan should not oversee the proceedings because the father involved was also a “regular visitor” to the club.
Read more: What is the Garrick Club?
Judge Keehan also said the mother had previously protested outside the club.
The court heard the allegations against the father “have not been established at any stage”.
In her written submission, the woman said: “An impartial and informed observer… would conclude that there was a real possibility of bias if Sir Jonathan Cohen decided to appeal.
“I also feel prejudiced and I feel like I’m not going to get a fair hearing.”
Judge Henke is currently hearing the appeal.
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Sir Jonathan was not among the senior judges named as members of Garrick by the Guardian last month, but the woman said his name had been mentioned in other media reports.
Responding to revelations that senior members of the legal profession are members of the club, Law Society president Sam Townend KC said it was a choice for judges and barristers whether to join such a body.
But he warned that “closing doors and excluding spaces” could create “unfair advantages” and that “maintaining public trust and confidence is vital”.
The Garrick Club is one of the oldest members’ clubs in the world, with other notable members including the King, Deputy Prime Minister Oliver Dowden, MI6 chief Sir Richard Moore and Britain’s chief civil servant Simon Keyes. Resign membership Shortly after the list was announced.
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