The Weekly Law Reports
[2019] 2 WLR 37
Family Division
Jay
v
Secretary of State for Justice
[2018] EWHC 2620 (Fam)
2018 June 27;
Oct 8
Baker LJ
Human rights— Respect for private life— Gender recognition— Applicant seeking gender recognition certificate— Gender Recognition Panel determining application without hearing— Panel refusing application on grounds of applicant’s failure to comply with statutory requirements and with directions of panel— Whether panel should have ordered hearing of application— Whether panel erroneously focusing on adherence to directions rather than statutory criteria for issue of certificate— Whether having regard to irrelevant and incorrect considerations— Whether decision-making process deficient— Whether court to issue gender recognition certificate—
Gender Recognition Act 2004 (c 7) (as amended by Marriage (Same Sex Couples) Act 2013 (c 30), Sch 5, paras 5, 16, 18), ss 1, 2(1), 3, 8, Sch 1, para 6(4)