Who? Lui Asquith, associate solicitor, Russell-Cooke, London.
Why are they in the news? Represented TransActual and a young person in a judicial review challenging emergency legislation introduced by former health secretary Victoria Atkins in May to restrict the availability of puberty blockers to people under 18 experiencing gender dysphoria. This week the High Court ruled that the legislation was lawful.
Thoughts on the case: ‘The claimants’ argument was procedurally focused, namely that the defendants’ use of the emergency legislative process under section 62(3) of the Medicines Act 1968, and failure to consult with affected individuals or their representatives, was unlawful and contrary to Article 8 of the European Convention on Human Rights. The claim was granted permission on three grounds and dismissed on all three.
‘The outcome is plainly disappointing to our clients and may have far-reaching consequences for those impacted by the emergency legislation more broadly.
‘The most immediate, practical implication of the judgment is that many young people seeking access to a timely prescription of gonadotrophin-releasing hormone analogues will be unable to access it. From a legal perspective, the court has significantly lowered the threshold for using the emergency procedure to ban a medicine without consultation. It is likely to have wider implications in various areas of public law aside from the application of section 62(3), including the law around the duty to consult and the application of Article 8 therein.’
Dealing with the media: ‘Part of our role is to help protect our client from stressful media attention. The Good Law Project is, of course, very experienced in media management and was able to engage in the public debate.’
Why did they become a lawyer? ‘I remember observing my grandad (a criminal defence solicitor) as a child and seeing the change he was making to individuals’ lives. It came down to me wanting to do something that would contribute to societal change somehow. Being a lawyer working in public/human rights law brings that opportunity and responsibility.’
Career high: ‘I really enjoyed moving back into private practice following several years in a general counsel role within the third sector. It has allowed me to engage in practice in a more rounded way that is really interesting and has allowed me to enjoy the job even more.’
Career low: ‘I encountered an episode of severe depression and had to stop practising for a while to recover, around a year after qualifying. It was a very difficult period after a huge amount of work and effort to get to that point. It has, however, taught me about resilience and self-care.’
