There have been a number of court cases in recent years relating to gender. Some of them did not relate to gender self-identification. In one of them, the Scottish Government was the pursuer rather than the defender. I list the position in relation to four cases below.

The cost of defending the judicial review of the original definition of “woman” for the purposes of the Gender Representation on Public Boards (Scotland) Act 2018 was £216,063.60.

The For Women Scotland Ltd v the Scottish Ministers case determined earlier this year by the UK Supreme Court concerned the statutory guidance issued by the Scottish Government under the 2018 Act. This guidance referred to the legal sex of persons with a Gender Recognition Certificate (GRC) and the correct interpretation of “woman” in that context. The current system for obtaining a GRC is not a form of gender self-identification. Costs for this case are still being calculated and will be published in due course.

In the judicial review challenging the Section 35 Order made by the Secretary of State for Scotland which prevented the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent, the Scottish Ministers were the petitioners rather than the defender. The final costs of this case will be published shortly.

In November 2021, Fair Play for Women brought a judicial review in relation to guidance issued by National Records of Scotland, a non-ministerial department of the devolved Scottish Administration, for the Scotland’s Census 2022 question ‘what is your sex?’. In February 2022, the guidance was found to be lawful. Upon appeal, this decision was upheld. Fair Play for Women were found liable to pay Scottish Ministers’ expenses to the sum of £69,500.