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Hendersons - Barristers' Chambers
News 10th Mar 2022

Jack Castle Examines Elan-Cane Decision

In a recent article for the New Law Journal, Jack Castle and Oscar Davies (of Lamb Chambers) considered the Supreme Court’s decision in R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56, [2021] All ER (D) 53 (Dec).

The Court held there was no positive obligation on the state to provide the option of an ‘X’ gender category on passports. However, its reasoning may have differentiated between the Article 8 rights of binary and non-binary people, in contrast to the approach under the Equality Act 2010 and developments in other jurisdictions.

Please click download to view the pdf. The article was first published by



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