Nudist claims judges’ in the North may have an ‘unconscious bias against his ‘lifestyle’
A naturalist who claimed northern judges may be biased against his “way of life” will have his legal challenge lodged in Manchester after a High Court judge rejected his request to move to London.
Neil Cox is appealing against Chester Crown Court’s dismissal of his appeal against his public order offense conviction.
His lawyers argued that the trial in London would be faster and less susceptible to unconscious bias.
In a judgment published on Tuesday, Mrs Justice Hill said: “Counsel submits that the naturism at the heart of this case can evoke both conscious and unconscious prejudices.
“It is said that hearing the case in London may be less likely to incite those opposed to the appellant’s lifestyle than would be the case if the case were tried in a smaller court centre/jurisdiction.
“The appellant is also said to be concerned that transferring the case to Manchester could result in an increased likelihood of unconscious bias affecting the impartiality of the outcome.”
He added: “I am not convinced by these arguments. The Civil Justice Center in Manchester is one of the largest court centers in the UK.
“Judges and staff are accustomed to dealing with sensitive situations that arise as a result of public participation in hearings.
“There is no proper basis for suggesting that a judge sitting in the Administrative Court in Manchester is more likely to have an unconscious bias against naturalists than a judge sitting in the Administrative Court in London. Many judges of the Administrative Court sit in both courts.”
Mr Cox was sentenced at Crewe Magistrates’ Court for the public order offense committed in Macclesfield, Cheshire, in August 2023.
His lawyers also argued in their written submissions that there was only one other case raising issues related to public naturism, and that this had been handled in London, giving the court experience in dealing with the issue.
But the judge disagreed, saying the previous case was almost 12 years old and both judges involved were now retired.
Mrs Justice Hill said: “I have concluded that this claim should be transferred to the northern district for management and determination at Manchester Civil Justice Centre.”
