Naomi Cunningham on her career and winning a gender critical case
Naomi Cunningham, a barrister at Outer Temple chambers, successfully acted for the social worker Rachel Meade in her claim against her regulator, Social Work England, and her employer, Westminster city council, for discrimination on the grounds of her gender critical belief. Meade was awarded almost £58,000 in damages, including exemplary damages against the regulator.
What were the biggest hurdles you had to overcome in this case?
The original bundle — not prepared by my solicitors — was a repetitive, disorganised nightmare. I ended up spending hours organising it.
What is the best decision you have taken as a lawyer?
To focus my career on sex, gender reassignment and gender critical belief.
Who do you most admire in the law?
Legal Feminist, a collective of solicitors and barristers who are interested in feminist analysis of law and legal analysis of feminism. They are a kind of virtual alternative set of chambers: fierce, funny, loyal and wise. And my husband, Tim Pitt-Payne KC, whose ability to cut to the heart of the issues in my cases on the briefest thumbnail sketch still takes my breath away.
What is the best advice you have received?
Don’t practise your mistakes — with thanks to Miss Squibb, my piano teacher when I was a teenager.
What is the funniest thing that has happened in your job?
The agitated honking that repeatedly interrupted a telephone hearing. I was desperately googling “mute Bose headphones” while the judge wondered aloud if it was a beginner playing the recorder and leading counsel for the respondent suggested it might be a parrot. Finally, tears rolling, I attempted: “Madam I do apologise, I’m afraid it’s my …” — at which point I became speechless. My leader put in smoothly, “Madam, it’s Miss Cunningham’s geese.”
What are the best and worst aspects of being a lawyer?
Clients — both.
What law would you enact?
The Gender Recognition (Repeal) Act, because this legal fiction causes no end of trouble.
What is your favourite book?
Ben Goldacre’s Bad Pharma, which fearlessly follows the evidence to expose how much is wrong with contemporary medical research. It contains some of the best and punchiest persuasive writing I have ever read — a model for lawyers. I’m still hoping he’ll write Bad Gender one day.
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