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08 August 2014
Issue: 7618 / Categories: Case law , Law digest , In Court
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Equality

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

NLJ Career Profile: Nikki Bowker, Devonshires

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Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

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Leasehold enfranchisement specialist joins residential property team

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Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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