header-logo header-logo

16 February 2024
Issue: 8059 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 16 February 2024

Human rights

R (on the application of Castellucci) v Gender Recognition Panel and other cases [2024] EWHC 54 (Admin), [2024] All ER (D) 13 (Feb)

The Administrative Court dismissed the consolidated claims by the claimant for: (i) permission to appeal in the Family Division under s 8 of the Gender Recognition Act 2004 against the defendant panel’s refusal to grant a gender recognition certificate (GRC) to specify their acquired gender as non-binary; and (ii) an application for judicial review against the panel’s decision. The claimant, a citizen of California, had moved to the UK on a Tier 1 ‘Global Talent’ visa. The claimant had been diagnosed with gender dysphoria and was legally recognised as non-binary by the State of California. Their certificate of live birth was also amended to change their sex from male to ‘non-binary’. The claimant’s challenge against the panel’s decision was grounded on: (i) whether ‘on an ordinary construction’ of the Act, it permitted ‘the recognition of a foreign-acquired gender that could not otherwise be obtained under English law’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll