Case

High Court hands down judgment in challenge to EHRC trans interim guidance

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The High Court (Swift J) has today (13 February 2026) handed down judgment in R (Good Law Project and others) v Equality and Human Rights Commission [2026] EWHC 279 (Admin). The Claimants sought judicial review of the EHRC’s interim guidance as it related to the provision of toilet facilities to trans people. The challenge was brought by 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. On 17 October 2025, the Commission removed the guidance from its website. The judgment followed a rolled-up hearing on 12-13 November 2025.

Swift J granted the individual Claimants permission to bring judicial review proceedings, and dismissed their claim against the EHRC. Good Law Project was refused permission for lack of standing.

Alex Goodman KC and Crash Wigley appeared for the Claimants, instructed by Leigh Day.

Click here to view the judgment

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