https://www.slab.org.uk/guidance/gender-recognition-cases/
https://www.slab.org.uk/guidance/gender-recognition-cases/
This page includes merits information for various types of actions in relation to the Gender Recognition Act 2004. These include correction of errors in gender recognition certificates; and appeals against the refusal of a certificate.
The Gender Recognition Act 2004 allows people over eighteen to apply to a Gender Recognition Panel for a gender recognition certificate. The effect is that their legal gender becomes the gender indicated in the certificate.
To grant a certificate, the Panel must be satisfied that your client:
If your client is single then the certificate, if granted, will be a full certificate that immediately changes their gender.
If your client is married or a party to a civil partnership, the certificate will be an interim certificate. The issue of an interim certificate provides a ground for divorce or dissolution for either party to the marriage or civil partnership, and if this occurs, the court granting will issue a full certificate.
A full gender recognition certificate issued by a court on granting decree of divorce or dissolution may contain errors. If so, you can apply by minute to the court that issued the full certificate for correction.
Our evidential requirements are:
Your client may appeal on a point of law to the Court of Session against a decision by a Gender Recognition Panel to reject the application.
Our evidential requirements are:
Where the disposition or devolution of any property under a will or other instrument is different from what it would be had a person’s gender not become the acquired gender under the Act, they may apply to the Court of Session for an order on the ground of being adversely affected by the different disposition or devolution of the property. The court may make an order it considers appropriate including payment of a lump sum, transfer of property, settlement of property or acquisition of property and transfer of it to your client.
Our evidential requirements are:
Merits of different types of case
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
Merits of different types of case
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Merits of different types of case
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Merits of different types of case
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
Merits of different types of case
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.