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BBC
The issue of access to the Kenwood Ladies' Pond on Hampstead Heath could be decided in court
A charity has won a Court of Appeal bid to continue a legal challenge over rules allowing trans people to use the single-sex facilities at Hampstead Heath's swimming ponds.
Sex Matters wanted to appeal against Mrs Justice Lieven's ruling in January that it could not proceed with legal action against the City of London Corporation.
The charity had previously sought to challenge the corporation's policy of allowing trans people to use the facilities at the ponds for the gender with which they identify, on the basis that it amounts to sex discrimination.
The legal bid came following the Supreme Court ruling last year that a person's legal sex is the one that was biologically observed at birth.
Mrs Justice Lieven said in her ruling that the "appropriate forum" for the claim was the county court, rather than the High Court.
In an order on Monday, Appeal Judge Lady Justice Elisabeth Laing said the legal challenge could go ahead and would return to the High Court.
She said: "The judge did not engage with the merits of the grounds for judicial review except at the end of her judgment."
Lady Justice Laing later said it was "arguable" that parts of Mrs Justice Lieven's judgment were wrong, including a decision that the case had been brought too late.
PA Media
The ponds are especially popular during the summer
Sex Matters CEO Maya Forstater said the charity was "delighted" by Lady Justice Laing's decision.
Forstater added: "Her ruling in the Court of Appeal confirmed that as a specialist charity with objections focused on the sound administration of the law in relation to sex, Sex Matters has standing to take this case.
"This case will have implications for single-sex provision all over the country.
"The government's failure to publish updated regulatory guidance following last year's Supreme Court judgment has given businesses and service providers an excuse to continue flouting the law on single-sex provision as clarified by the country's most senior judges.
"A ruling in our favour by the High Court would demonstrate that failing to comply with the law has consequences."
A new hearing will be set by the High Court in London at a later date.
Daniel Stilitz KC, for the corporation, said that the claim was "premature" as the body was consulting on a new policy.
The results of the consultation were published on the same day as the High Court ruling, with the corporation stating that nearly 90% of respondents backed trans-inclusive access to the ponds.
More than 38,000 people took part in the consultation over a period of two months.
Of those, 84% of respondents to the consultation had swum at the bathing ponds, and 74% lived in London.
Six options were considered for the Kenwood Ladies, Highgate Men's and Hampstead mixed ponds, with 86% of respondents supporting the existing trans-inclusive access arrangements.
Some 86% also opposed introducing strict single sex access, 90% of people rejected requiring trans swimmers to use separate changing rooms or have separate swimming sessions, while 66% opposed making all ponds mixed sex.
