Allison Bailey v Stonewall

I was taken to theatre at 8.30am and in recovery at 9.30am, so I reckon I was only under for about half an hour. They cleaned out my wound and then closed it, so not a long procedure.

From TT2

We begin
BC talking about statues. The start point and the key concept are the protected charas and prohib conduct. Those are the from of conduct of the leg to iliminate

https://www.youtube.com/live/DxQicEX0KyQ?si=nOEhjN3iBsAeZwGu

@MyrtleLion you are a wonder and a love.

I don't even remember the day after I last had a GA.

I'm also confused. I think the live window will just appear on the yt feed's home page once they get going ETA yes, here we are now

How do you get to the live stream of the pm session?

All I'm getting is this morning's session

Yes!

Has anyone else spotted the spelling mistake on the youtube feed?

I paste posts as soon as I can from the TwiX feed. I start those posts with "From TT2" so you can tell they are not my own work.

If I comment my own opinion, it will be in separate posts.

I'm in hospital so may be interrupted by needing to have my blood pressure taken or talk to a medical professional. I also had a general anaesthetic this morning so I apologise in advance if I stop pasting because I become overwhelmed with tiredness and need to sleep.

It can also take a bit of time to format the posts to make them readable. I paste into a text editor then paste from there to here.

Judges ask questions for a variety of reasons I think.

I suppose the judge [Judge Pickles, possibly?] who asked
"Who are The Beatles?"
at the height of Beatlemania was doing so to put this piece of what he considered cultural ephemera in context for the record, he wasn't leading that sheltered a life!

The reply is supposed to have been the wonderful
"I believe they are a popular beat combo, m'lud."😄

From @TribunalTweets2 on TwiX (TT2)

The Appeal of Allison Bailey v Stonewall Equality Ltd re-starts this afternoon at 13.55. The proceedings will also be live-streamed here:
youtube.com
Royal Courts of Justice Court 72

Co-respondents are Garden Court Chambers, Rajiv Menon KC and Stephanie Harrison KC of GCC

The Panel are: Lord Justice Bean, Lord Justice Newey and Lady Justice Whipple

Key legal documents can be found here

https://tribunaltweets.substack.com/p/allison-bail
ey-vs-stonewall

Abbreviations for today's hearing:

AB - Allison Bailey KC Claimant
C - Claimant
RM - Rajiv Menon KC
SH - Stephanie Harrison KC
SW - Stonewall Equality Ltd
R or Rs - Respondent (s)
BC - Ben Cooper KC, Barrister for Claimant Allison Bailey
PD Peter Daily Solicitor for Claimant

IO - Ijeoma Omambala KC - Barrister for Respondents
J - Judge (if unidentified which judge)
LB - Lord Justice Bean
LN - Lord Justice Newey
W - Lady Justice Whipple
GCC - Garden Court Chambers
GI - Gender identity

WORIADS - Worthy of respect in a democratic society
SO - Sexual orientation
L and G - Lesbian and/or gay
ET - Employment tribunal
T - Transgender

Our live tweeting is not a verbatim transcript. We attempt to report as much of what we hear in court as possible. We make every effort to report accurately and do so in good faith. We make frequent use of abbreviations: see the Substack page if meaning is not obvious.

We will correct any substantive inadvertent factual errors that are brought to our attention promptly. Our reporting is best understood when read as a whole.

https://
tribunaltweets.substack.com

Very well said, exactly.

I also like the way he relates the working of any provisions of the EA back to how an ordinary person would understand it. (He did this in FWS, too.) Rulings have to be fit for purpose in the real world where duty-bearers don't have lawyers on tap.

It's my first time being Ben Cooper in action. He's great.

They're being rigorous, as is right. And from my limited experience, I would be worried if they weren't.

Nothing he can’t handle, I’ll be bound.

Yes, but the stakes are high, and the appeal court judges need to be very sure that there is legal assuredness underpinning the 'elaborate advocacy' should they be minded to find for Allison.

Legally speaking, these are unchartered waters and should the appeal be granted in Allison's favour, my understanding is that this appeal case will become 'the authority'. If I were in their shoes I'd be wanting to get into the legal bones of the case too, before the 'fleshing out' stage. This has led to a bit of what looks like 'hard time' / pre-emptive questioning!

I admire how Ben Cooper remains so calm and unflustered, has instant recall of details, and offers helpful analogies. But most of all, I admire his clear legal argument, with reference to actual words in the actual Equality Act 2010, as to why he (i.e. Allison) is legally right. So in that respect, the judges' questions are very useful.

I think it’s like the SC, in that they ask questions to get on the record a clarification they may want to use in their judgement.

It's great to have Myrtle back in action, take it easy, mind yourself well and get better ASAP
I've managed to find TT on Nitter, they are juggling three cases this week! but here is Allison's:
Tribunal Tweets 2 #OpenJustice (@tribunaltweets2): "The Appeal of Allison Bailey v Stonewall Equality Ltd starts at 1030 at the Royal Courts of Justice and will be live tweeted here. The proceedings will also be live-streamed here: https://www.youtube.com/@RoyalCourtsofJusticeCour-zp4wj/streams" | nitter.poast.org

I've just found a rather un-judge-like statement on TT
BC - ET found that GCC partial discrimination was NOT on the grounds of manifestation ie that any of those comms 'crossed a line'
J - that's a funny way of putting it

The judge does seem to be pushing BC for clarification, but that may not be a bad thing, it gives BC the opportunity to...er... well, clarify! and hopefully make the case more obvious.

That's very kind! I'm really just picking out some key points that I think I've understood tbh.

It's very helpful to be able to follow a decent livestream, as pp have said.

All rise for luncheon.

Just been listening, do pp think Ben is getting a hard time from the judges?

They've broken for lunch. Back at 1355.

Morning session is here: https://threadreaderapp.com/thread/1980553551551308049.html

Now an interesting point about the relationship between Stonewall and Garden Court Chambers and how it’s not actually one of the legal points before the Court of Appeal today.

Yes, he's identified that the protected characteristic of GC belief doesn't seem as important to some people as say sexual orientation.

A viewpoint which runs through the entire ideology and everyone who supports it, as well as those who can't really muster up an opinion.

I'm listening too, and am wowed by your clear summaries, @TheAutumnCrow

Ben Cooper makes the point that in deciding that Stonewall hadn’t gone far enough to be be found liable, the tribunal did not say what test it was applying, and what Stonewall would have needed to have done ‘extra’ to have been deemed liable.

(Sorry for any mangled grammar.)