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Equality

08 August 2014
Issue: 7618 / Categories: Case law , Law digest , In Court
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MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112, [2014] All ER (D) 10 (Aug)

The appellant was a male-to-female transsexual. In 1974, while she was still a man, she married a woman with whom she still lived. The appellant had not applied for a gender recognition certificate, as she did not wish to have her marriage annulled, in accordance with s 4(2) of the Gender Recognition Act 2004 (the 2004 Act). Accordingly, so far as the law was concerned, she remained a man. In May 2008, the appellant became 60 and applied for a state pension on the ground that she had reached what was then the pensionable age for a woman. The application was refused on the basis that she was a man and was, accordingly, not entitled to a pension until the age of 65.

The Court of Appeal held that the case of Hämäläinen v Finland [2014] ECHR 37359/09 provided that it was not disproportionate to require, as a precondition to legal recognition of an acquired gender, that the

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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