"The judge did not engage with the merits of the grounds for judicial review except at the end of her judgment. Lady Justice Laing later said it was "arguable" that parts of Mrs Justice Lieven's judgment were wrong, including a decision that the case had been brought too late."
"This case will have implications for single-sex provision all over the country. The government's failure to publish updated regulatory guidance following last year's Supreme Court judgment has given businesses and service providers an excuse to continue flouting the law on single-sex provision as clarified by the country's most senior judges."
Sex Matters, a charity, successfully appealed a lower court decision that had blocked its legal challenge against the City of London Corporation's policy allowing trans people to use single-sex swimming pond facilities according to their identified gender. The charity argued this policy constitutes sex discrimination. Appeal Judge Lady Justice Elisabeth Laing ruled the case could proceed in the High Court, finding the lower judge had not adequately addressed the merits of the judicial review grounds and that timeliness objections were arguable. Sex Matters CEO Maya Forstater stated the ruling confirms the charity's standing and emphasized the case's implications for single-sex provision nationwide, criticizing the government's failure to issue updated regulatory guidance following a Supreme Court judgment clarifying legal sex definitions.
Read at www.bbc.com
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