Amanda Weston KC and Oscar Davies of Garden Court Chambers are instructed by Trans Legal Clinic, assisted by W Legal, alongside Jenn Lawrence of Monckton Chambers, who are bringing the claim on behalf of Dr Victoria McCloud.
Lawyers for Britain’s first Transgender judge, Dr Victoria McCloud, have lodged an application at the European Court of Human Rights (ECtHR) challenging the UK Supreme Court ruling in For Women Scotland Ltd v the Scottish Ministers [2025] UKSC 16.
In For Women Scotland Ltd v the Scottish Ministers, the Supreme Court refused permission for Dr Victoria McCloud to intervene on how the issues would affect her and other trans people.
At its heart lies the principle in Article 6 of the European Convention on Human Rights; the right to a fair and impartial hearing by an independent tribunal. This cornerstone of democratic society exists to guarantee that those whose rights are affected can take part in proceedings that determine their future.
The case has received widespread news coverage, including in The Guardian, The Independent and ITV News.
Olivia Campbell-Cavendish, the founder and Executive Director of the Trans Legal Clinic, and the first black trans lawyer in the UK, states:
“It matters profoundly that this case is led by a team of trans lawyers, taking our place in proceedings that so directly shape our futures. There must be no more conversations about us, without us.”
In bringing this claim, the Trans Legal Clinic have launched their Strategic Litigation Service, in partnership with W Legal. This is the first case in history to be brought by a trans-led legal team.
This is significant, given that this case concerns the exclusion of trans voices from discussions about their existence and freedoms. Dr McCloud is herself the UK’s first openly trans judge, and Oscar Davies is the UK’s first openly non-binary barrister.
Oscar states:
“The Trans Legal Clinic represents an important development in ensuring that trans people are not merely the subject of legal proceedings, but active participants in shaping them.”
“This is, we think, the first time a trans-led legal team has brought a case to the European Court of Human Rights. It matters who is at the table and for too long, we haven’t been.”
The Trans Legal Clinic offers free and accessible legal help to Trans and Non-binary people. The Trans Legal Clinic has established a community crowdfunding campaign to help meet the costs of the case. The initiative is intended to enable members of the public to contribute directly to the proceedings, reflecting the collective interest and engagement in the issues at stake.
For enquiries, including interviews, please contact: press@translegalclinic.com
