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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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