By David Young-
High Court Judge Sir Jonathan Cohen,(pictured) has been formally removed from presiding over a case involving an alleged rape and domestic abuse victim.
The decision comes as part of a broader scrutiny of the Garrick Club, an exclusive men-only establishment, where membership among some of the UK’s top judges and lawyers has sparked controversy.
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Cohen was slated to oversee a family court dispute concerning shared care arrangements for a child of a separated couple. However, another high court judge ruled last Thursday that Cohen’s membership in the Garrick Club could potentially compromise the fairness of the proceedings.
This marks the second instance in a month where a judge has been recused from a case due to Garrick Club membership.
The club’s membership includes prominent legal figures, raising concerns about bias and gender discrimination within the judiciary.
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The decision to remove Cohen from the case stems from a recusal application submitted by the mother’s lawyer, Charlotte Proudman, citing potential bias and unfairness due to Cohen’s Garrick Club affiliation.
Proudman argued that Cohen’s membership could prejudice proceedings against the mother, who has alleged rape, domestic abuse, and coercive behaviour by men other than the child’s father.
Mr. Justice Keehan, granting the application, emphasized the need to ensure impartiality in the judicial process. He cited Cohen’s Garrick Club membership, the father’s frequent visits to the club, and the mother’s participation in a protest against the club’s policies as factors warranting Cohen’s recusal.
Notably, Proudman herself is facing disciplinary proceedings for criticizing a judgment by Cohen in an unrelated case, where she highlighted concerns of a “boys’ club attitude.” She had earlier called for the recusal of Judge Philip Havers KC, who withdrew from the disciplinary proceedings last month due to his Garrick Club membership.
Keehan clarified that Cohen’s recusal was independent of the disciplinary proceedings involving Proudman and stressed the importance of maintaining public confidence in the judiciary’s impartiality.
The revelations surrounding Garrick Club membership among top legal professionals underscore broader debates on gender inclusivity and equality within the legal profession. The club’s resistance to admitting women reflects systemic challenges that persist despite ongoing efforts to promote diversity and inclusion.
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