The WLR Daily case summaries
[2020] WLR (D) 157
Court of Appeal
R (Elan-Cane) v Secretary of State for the Home Department (Human Rights Watch intervening)
[2020] EWCA Civ 363
2019 Dec 3–4; 2020 March 10
King, Irwin, Henderson LJJ
Human rights— Respect for private life— Gender identity— Passport Office’s policy to issue passports bearing either male or female indicator— Whether infringing Convention rights of persons identifying as non-gendered— Whether concept of “private life” encompassing identification as non-gendered— Whether positive obligation on state to permit non-gendered persons to apply for passport indicating non-gendered identity— Whether discrimination against non-gendered persons in enjoyment of Convention rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14
Costs— Order for costs— Costs capping order— Claim for judicial review by individual acting in the public interest— Parties agreeing to cap costs— Judge dismissing claim, but reducing claimant’s costs on ground claimant making out part of claim— Judge applying reduction to capped costs rather than uncapped costs— Whether judge erring in not applying reduction to uncapped costs—
Criminal Justice and Courts Act 2015 (c 2), ss 88–90
—
CPR, r 44.2