Alex Goodman KC and Crash Wigley appear in…

On 12 and 13 November 2025, Alex Goodman KC and Crash Wigley appeared before the High Court in a challenge to the Equality and Human Rights Commission’s interim guidance on the provision of toilet facilities to trans people, in R (Good Law Project and others) v Equality and Human Rights Commission.

They act on behalf of two trans persons and one intersex person who, following the interim guidance’s publication, were told by their employers to stop using the toilets which correspond to their lived gender, along with the Good Law Project.

The guidance was published on 25 April 2025, nine days after the Supreme Court’s judgment in the case of For Women Scotland v Scottish Ministers [2025] UKSC 16 was handed down. It stated that in workplaces and in services which are open to the public, trans people must not be allowed to use the toilets that correspond with their lived gender. On 17 October 2025, the Commission removed the guidance from its website.

The Claimants argue that the Guidance misinterprets the effect of the decision in For Women Scotland, contains an incorrect analysis of the law and directs unlawful conduct by those who follow its advice. They also alternatively seek remedies under sections 3, 4 and 6 of the Human Rights Act 1998 related to breaches of articles 8 (private life) and 14 (non-discrimination).

The skeleton arguments on behalf of the Claimants and the other parties are available on the Good Law Project’s website.

The claim was heard in a two-day rolled-up hearing before Mr Justice Swift in the Administrative Court. Mr Justice Swift reserved his judgment.

Alex Goodman KC and Crash Wigley are instructed for the Claimants.

Press coverage may be found here, here, here and here.