R (Elan-Cane) v Secretary of State for the Home Department

Subject Matter

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

[2018] EWHC 1530 (Admin); [2018] 1 WLR 5119; [2018] 4 All ER 519; [2018] WLR (D) 397, QBD

COSTS — Order for costs — Costs capping order — Parties to judicial review claim agreeing to cap costs — Judge dismissing claim but reducing costs payable by claimant 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, 89 — CPR r 44.2

[2020] EWCA Civ 363; [2020] QB 929; [2020] 3 WLR 386; [2021] 1 All ER 25; [2021] 1 FLR 302; [2020] WLR (D) 157; The Times, 27 May 2020, CA

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 passports 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

[2020] EWCA Civ 363; [2020] QB 929; [2020] 3 WLR 386; [2021] 1 All ER 25; [2021] 1 FLR 302; [2020] WLR (D) 157; The Times, 27 May 2020, CA

HUMAN RIGHTS — Respect for private life — Gender identity — Policy of HM Passport Office to issue passports bearing either male or female indicator — Whether infringing Convention rights of persons identifying as non-gendered — Whether positive obligation on state to permit non-gendered persons to apply for passports indicating non-gendered identity — Whether discrimination against non-gendered persons in enjoyment of Convention rights — Human Rights Act 1998 (c 42) Sch I, Pt I, arts 8, 14

[2021] UKSC 56; [2023] AC 559; [2022] 2 WLR 133; [2022] 2 All ER 1; [2022] 1 FLR 1056; The Times, 12 January 2022, SC(E)

Appellate History

Commentary

UK Human Rights Blog
Lack of gender neutral option on passport forms: no breach of human rights Case comment

Blackstone chambers
R (Christie Elan-Cane) v Secretary of State for the Home Department Case comment

UK Supreme Court Blog
New Judgment: R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56 Case comment

‘Elan-Cane: has the Supreme Court created a two-tier system between binary & non-binary genders?’ Case comment

UK Human Rights Blog
Non-Binary Passports: R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 Case comment

Blackstones Civil Practice 2023
Convention Rights - Margin of appreciation 91.14