The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004
The claimant, a post-operative male-to-female transsexual person, said that section 3(3) of the 2004 Act was incompatible with her Human rights after refusal of a gender recognition certificate. Held: The application failed. The provision of the information required in paragraph 3(3) is necessary and proportionate to the legitimate aim. There is no incompatibility with Article … Continue reading Carpenter v The Secretary of State for Justice: Admn 27 Feb 2015
The applicant, born male, had gender reassignment surgery at the age of 26. When she was approaching her 60th birthday she sought a state pension. This was refused on the grounds that she was, in law, male. Held: The 2004 Act had not been in force when the claimant began her action. The Court spoke … Continue reading Grant v The United Kingdom: ECHR 23 May 2006
FTTTx National Insurance contributions – gender dysphoria – determination of pensionable age – whether possible to interpret ‘woman’ as including person with gender dysphoria living as a woman – whether directly effective right under Directive 79/7 to cease paying contributions otherwise than by satisfying conditions for recognition under the Gender Recognition Act 2004 – Social … Continue reading M v Revenue and Customs: FTTTx 30 Jul 2010
The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of 60. She had not applied for a Gender Recognition Certificate because she … Continue reading MB v Secretary of State for Work and Pensions: CA 31 Jul 2014
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
