Recent social progress in LGBT+ issues in the UK is a cause for celebration but it is not the end of the story. Heteronormative stereotypes persist and can be harmful.
In the Medical Negligence and Personal Injury team we frequently work with disabled clients and understand the challenges that they face, not just in practical terms, but in relation to social attitudes to disability. However, disability is not the only aspect of a disabled person’s identity. Issues such as sexual orientation and gender identity are often relevant but can easily be overlooked.
When preparing claims on behalf of individuals (whether or not they are disabled), it is important to be aware of and challenge unwarranted assumptions about their sexual orientation or gender identity.
We should also be mindful when applying legal precedent, if those decisions are the result of outdated views, such as traditional gender roles. For example, general damages payable in respect of facial disfigurement historically differed between men and women, on the basis that a woman’s appearance was more important than that of a man’s. In 2012, retired Judge Dame Janet Smith challenged this, in her forward to the Judicial College guidelines, encouraging judges and lawyers to assess the effects of disfigurement on an individual Claimant, without making assumptions based on gender.
Even where outdated views regarding gender and sexual orientation do not produce different legal outcomes, they can still reinforce social stereotypes or erase from view important aspects of an individual’s identity. For these reasons we are committed to ‘seeing the whole person’ and avoiding unnecessary (and often inaccurate) assumptions.
Medical Negligence and Personal Injury Team
Latest blogs & news
In the final blog of our Pride 2022 series, we say thank you to everyone who, in their own way, seek to make the world a kinder, better place for the LGBT* community.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride March held in London. We are marking each decade from 1972 to 2022 with a blog every week throughout June.
As part of our Pride month blog series, I have reviewed the period 1982 – 1992; the decade in which I was born. In the hope that I can still consider myself to be fairly young, to me, the 1980s do not seem that long ago. In researching the developments made during this decade, however, I was shocked reflecting on how out of touch and discriminatory the law, media and social views still were at the time.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride Rally held in London. We are marking each decade from 1972 to 2022 with a blog every week throughout June.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride Rally held in London, and we are marking each decade from 1972 to 2022 with a blog each week throughout Pride Month. This weeks blog covers the decade of of 2002-2012.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride Rally held in London, and we are marking each decade from 1972 to 2022 with a blog each week throughout Pride Month.
When I became Senior Partner of Kingsley Napley in 2018, I made a very clear pledge to the firm – that I would make it one of my key objectives to increase diverse talent and foster a culture of inclusivity.
The visibility of the “B” in our LGBTQ+ umbrella is marked every year on 23 September. At Kingsley Napley, we are proud to have bisexual members of our LGBTQ+ and Allies Network and strive for everyone to feel like they can be themselves and bring their whole selves to work. Outside KN, and in this year alone, Robin has come out as bisexual in the new Batman comic, more awareness has been raised about bisexuality with celebrities, such as Megan Fox, Lily Cole, speaking out and there is more representation of bisexual people in mainstream shows, such as Sex Education, Brooklyn Nine-Nine.
Trans adults with full decision-making capacity have the freedom to secure hormonal and surgical interventions to align their bodies with the physical attributes typical of the gender with which they identify (a process known as “transitioning”). However, for those who lack capacity, the involvement of others who are responsible for making decisions on their behalf is required, and the position can be complex as a result. This blog explores the approach to making decisions relating to transitioning on behalf of protected trans people, applying the best interests test and guidance from case law, and discussing the practicalities for decision-makers.
When I told some of my friends I was writing a piece about drag activism, their reaction was almost unanimous…
"Oh, but, is there much to say?"
That's when I realised that drag queens, for many, are more synonymous with big hair and lip-syncing pop hits rather than political consciousness and activism. You can certainly understand the reason for this - we have been totally spoiled in recent years with the explosion of Ru Paul’s Drag Race around the world - the make-up, talents and confidence being a feast for the eyes (and the soul). But we cannot minimise the political importance of Mama Ru’s creation. Who could forget numbers such as “Shady Politics”; the discussions of gay conversion therapy while applying make-up; and Bob the Drag Queen describing his arrest during a 2011 marriage equality protest? Not to mention Nancy Pelosi sashaying into the All Stars season…
Coming out is an extremely personal journey and will be unique to each person. It takes a lot of courage to come out and a person may have to repeatedly do this in their personal and professional lives. Statistics show that 46% of people who identify as lesbian, gay and bisexual and 47% of people who identify as trans feel comfortable to discuss their orientation or gender identity.
How can you put the spotlight on intersectionality to remind others that, even within the LGBTQ+ community, not everyone is treated equal?
Are you proud of who you are, your journey and the person that you’ve become? Do you truly wear your heart on your sleeve? For some, being open and honest about who we are (which includes our gender identity or sexuality) does not come easily and can be extremely hard. It can be even tougher at work, and for those that hide their true self, the energy expenditure is endless. That survival cost of energy makes you less productive, or even worse still, it has a detrimental impact on your mental and physical health.
I am a trans woman who has recently embarked on her transition. Having only taken my first steps on this journey, I am acutely aware when writing this that I have much to learn about myself, about being trans, and about the diverse LGBTQ+ family that I now find myself part of. However, there is one theme that I feel is important to discuss as we celebrate Pride in 2021.
Three years on, the UK Government is still ‘’dragging its feet’’ about banning gay conversion therapy.
Following on from my colleague Sameena Munir’s blog ‘’pray the gay away: cull conversion therapy worldwide’’, the issue of gay conversion therapy dominates contemporary conversations surrounding LGBT politics and legislation in the UK, but the Government has failed to deliver on its promise to ban it.
"They will say I’m pushing an agenda. But the truth is, I am.” - The rise of queer artists and the importance of visibility
For two weeks during Pride month, Kingsley Napley are publishing a series of blogs to celebrate Pride and highlight LGBTQ+ issues from home and abroad.
It’s been 9 years since R&B artist Frank Ocean headed off rumours about his particular pronoun usage in the album Channel Orange by posting on Tumblr that his first love had been a man. Since then, the momentum for the openness and success of queer artists has continued to gather pace, and LGBTQ+ representation in the arts and mainstream media is as wide as it has ever been. This rise has however raised important questions about pigeonholing queer artists, and perhaps most interestingly whether they must always shoulder the responsibility of ‘pushing the agenda’.
In February this year, I attended a virtual talk held by the InterLaw Diversity Forum for LGBT+ History Month. The speakers featured individuals working in the legal sector and each discussed their experience of coming out as trans or non-binary at work. It feels an apt lesson given this year’s Pride theme: Visibility, Unity and Equality.
In January 2020, I was fortunate enough to give birth to a beautiful, healthy baby boy. As far as I know, I am the first partner at Kingsley Napley (although certainly not the first employee) who has a baby who is lucky enough to have two mums. News of my pregnancy was met with overwhelming support from my colleagues. That support continues to this very day, and my wife and I remain truly grateful for the kindness that has been shown to us. However, since falling pregnant I have learnt that not all workplaces are as supportive to same-sex parents as mine. The concept of two mums or two dads starting a family is something that some people still struggle to get their heads around. So this year, for our KN Pride blog series, I have decided to explain the questions, that speaking from my own experience, it is not helpful to say to same-sex parents.
Tomorrow, global organisations across the world are celebrating Global Pride, and I wanted to write to say how much it means to us at Kingsley Napley to celebrate Pride and to support our LGBTQ colleagues.
On sitting down to write this blog, I was a little embarrassed. When you actually take the time to think about drafting legal documents in a way that is gender neutral, it seems to me that the question isn’t why do this, but why not?
In 2012 we formed an LGBTQ* & Allies network at Kingsley Napley (KN). I’m ashamed to say that the impetus to form this network came not from within, but from Scott, a new joiner who upon his arrival was surprised, and critical (rightly so) to find that no such network existed at KN.