The WLR Daily case summaries
[2018] WLR (D) 627
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 making application for gender recognition certificate— Gender recognition panel refusing application on grounds of applicant’s failure to comply with statutory requirements and with directions of panel— Applicant appealing against refusal to grant certificate— Whether panel erroneously focusing on adherence with directions rather than statutory criteria for issue of certificate— Whether panel having regard to irrelevant and incorrect considerations— Whether panel’s decision process deficient— Whether appeal to be allowed— 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(2) para 16)), ss 2(1), Sch 1, para 6(4)