A naturism case will be heard in Manchester after the High Court dismissed the suggestion that judges in the north are more biased than those in the south against litigants appearing starkers. 

Neil Cox has launched a judicial review against the decision of Chichester Crown Court last year to dismiss his appeal against conviction for an offence under section 5 of the Public Order Act 1986. He was convicted at Crewe Magistrates Court over the offence, committed in Macclesfield, Cheshire, in August 2023.

Cox filed the appeal by way of case stated in London, but an order was made to transfer the case to the Administrative Court in the Northern region.

Kirsty Brimelow KC, for Cox who opposed the order, argued that only one previous case of this kind had raised issues around public naturism - the High Court case of the ‘naked rambler’, Stephen Gough, in 2013. Brimelow argued this ‘provides the London court with some experience of dealing with such matters and that hearing the case in London may assist with fairness and consistency in the proceedings’.

But Mrs Justice Hill DBE pointed out that both judges involved in Gough have now retired and said ‘the existence of such authorities and the need for consistency, where appropriate, is a feature of nearly every case in the Administrative Court’.

Brimelow further argued that naturism can evoke both ‘conscious and unconscious biases’ and that ‘hearing the matter in London may be less likely to provoke those against the appellant’s lifestyle than may occur if his case is heard in a smaller court centre/jurisdiction’. Cox was concerned that transferring the case to Manchester ‘may result in a greater likelihood of unconscious bias impacting the impartiality of the outcome’.

The judge was not persuaded, stating: ‘The Civil Justice Centre in Manchester is one of the largest court centres in the UK. Its judges and staff are well used to dealing with any sensitive situations that arise as a result of public attendance at hearings. There is no proper basis for suggesting that a judge sitting in the Administrative Court in Manchester is more likely to have unconscious bias against naturists than a judge sitting in the Administrative Court in London.’

Hill concluded the claim should be transferred to the Northern region for administration and determination at the Manchester Civil Justice Centre. Obiter trusts the central heating is working. 

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