Clifford Chance

Clifford Chance acts in judicial review proceedings related to X Passports: R (on the application of Elan-Cane) v Secretary of State for the Home Department

On 12 and 13 July 2021, the Supreme Court will hear judicial review proceedings on X Passports brought by Clifford Chance on behalf of Christie Elan-Cane (to be livestreamed here). Clifford Chance and Blackstone Chambers, acting pro bono on behalf of Christie Elan-Cane, launched judicial review proceedings in 2017 challenging the lawfulness of the UK Government's passport policy.

That policy requires that either an "M" or an "F" gender marker appear on every UK passport and does not allow for a non-gender specific marker, notwithstanding that non-gender specific passports ("X passports") are permitted by the relevant international standards and are available in a number of countries worldwide.

In 2018, the High Court held that the Government's policy was not unlawful, and in 2020, the Court of Appeal upheld that ruling. However, significantly, the Courts found that the right to respect for private life under Article 8 of the European Convention on Human Rights does include a right to respect for a person's non-gendered identity. This is a milestone in LGBTQ+ civil rights litigation as it marks the first time the UK Courts have recognised that Article 8 guarantees a right to respect for those who identify outside the binary concepts of male and female. The team has been granted permission to appeal to the Supreme Court on the basis that the case raises issues of general public importance.

Eraldo d'Atri, Senior Associate at Clifford Chance says "This case raises important questions regarding the right to respect for individuals' identity, specifically for those who identify as neither or not exclusively male or female. Access to X passports is crucial for the protection of the human rights of this demographic, who are otherwise forced to use a passport which misrepresents their identity. The significance of this case is further highlighted by the recent announcement in the US by the Secretary of State that a third non gender specific option on US passports would be available. Clifford Chance is proud to be working with Christie and Blackstone Chambers to argue this case before the Supreme Court.”

The Clifford Chance team is composed of Narind Singh (Partner), Eraldo d'Atri (Senior Associate), Anne Collins (Senior Associate), Jemima Roe (Associate), Saskia Mondon-Ballantyne (Associate) and Deon Fang (Associate). Clifford Chance has instructed Kate Gallafent QC, Tom Mountford and Gayatri Sarathy (all of Blackstone Chambers), all acting pro bono.