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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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