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06 June 2025 / Dr Nathan Tamblyn
Issue: 8119 / Categories: Features , Equality , Diversity , Human rights , Discrimination
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Beyond the binary

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The logical fallacies & practical problems which arise from the Supreme Court’s ruling on sex show that a kinder & more nuanced approach is needed, argues Dr Nathan Tamblyn
  • How the Equality and Human Rights Commission’s public consultation on the Equality Act 2010 reveals lingering problems with the Supreme Court’s decision about sex in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16.

The Equality and Human Rights Commission (EHRC) has launched a public consultation on updating its code of practice on the Equality Act 2010 (EqA 2010) in light of the Supreme Court’s decision in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16. It reveals some persisting problems, which in turn suggests the need for legislative reform.

A lack of definitions

The Supreme Court said that ‘sex’ in EqA 2010 meant sex recorded at birth (see Nicholas Dobson’s article on the ruling: ‘Equality Act 2010—“man”, “woman” & “sex” defined’, NLJ, 2 May 2025, p13). They used the term ‘biological’ sex,

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NEWS
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NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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