Jay v Secretary of State for Justice

Subject Matter

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), ss 1, 2(1), 3, 8, Sch 1, para 6(4)

[2018] EWHC 2620 (Fam); [2019] Fam 87; [2019] 2 WLR 37; [2019] 1 FLR 811; [2018] WLR (D) 627, Fam D