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16 February 2024
Issue: 8059 / Categories: Case law , In Court , Law digest
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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’

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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