Turani & Anor v Secretary of State for the Home Department

Court of Appeal: Underhill VP, Simler and Warby LJJ, [2021] EWCA Civ 348, 15 March 2021

The Court considered an appeal from a High Court decision which had rejected indirect race discrimination and PSED challenges to the application of the Defendant’s ex gratia scheme to support and assist third-country national refugees outside the UK who have fled the conflict in Syria. The case is important, if somewhat disheartening to equality lawyers, for its conclusions on the (limited) extra-territorial effect of the Equality Act 2010. It is worth emphasising that the Court of Appeal’s approval of the High Court’s conclusions on justification were subject to the proviso that the limited evidence on which the High Court was prepared to find in the Defendant’s favour was the result of the way in which the claim had developed post-issue; as Underhill LJ, concurring with Simler LJ leading judgment, stated at §110: “the story is indeed a good illustration of the perils of “rolling judicial review”. Continue reading

R (McConnell & Anor) v Registrar General for England and Wales

Court of Appeal: Lord Burnett CJ, Singh and King LJJ, [2020] EWCA Civ 559, [2020] 2 All ER 813, 29 April 2020 

The Court of Appeal rejected the claim that sex as recorded in a gender recognition certificate determines a person’s status as mother or father of a child. The claimant, who was registered as female at birth but subsequently acquired a gender recognition certificate, wished to be recorded as  the father, “parent” or “gestational parent” of the child to whom he had given birth.The Registry Office insisted that the claimant be registered as the child’s “mother”, albeit under his (male) name. His application for judicial review of the refusal to grant a birth certificate in such terms failed and the Court of Appeal rejected his appeal.

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