Transgender Judge Leaves Bench

Sonia Hickey, LawFuel contributing editor

Pioneeering transgender High Court Master Victoria McCloud, 54, has resigned her legal role to avoid politicising the judiciary. The Times reported that she told the senior judiciary that she is quitting because “I am now political every time I choose where to pee” and that she has become “a target”.

She transitioned in the 1990s and was the first practicing trans barrister in the United Kingdom, before being appointed a part-time judge in 2006 and was the youngest person appointed from the Queen’s Bench (now King’s Bench) as a Master of the High Court.

She has given rulings in cases involving prominent figures including Donald Trump, the MPs Jeremy Corbyn and Andrew Mitchell, and had also recently worked on a case involving a KGB double-agent.

“I have reached the conclusion that in 2024 the national situation and present judicial framework is no longer such that it is possible in a dignified way to be both ‘trans’ and a salaried, fairly prominent judge in the UK.”

McCloud said that she had become concerned over the past couple of years “about the difficult position which has developed recently for a trans person, such as me, in public life but especially as the only such judge”.

The Law Gazette recently reported on her farewell, saying: “It has been an honour and a pleasure to have many of you in front of me, all striving towards helping people in the worst of circumstances. You are all my learned friends and always will be.”

The Transgender Challenge

An Oxford graduate, McCloud said the rise of the “gender critical” movement — which holds to what she acknowledges is the “uncontroversial notion” that a person cannot alter their biological sex — has also meant that she can be referred to as a man, despite being legally female.

She argues that as a result, “it has been open season on me and others”.

She said that she feels that “the dignity of the court as well as personal dignity is at stake”.

Professional Background

She graduated from Oxford University with a degree in experimental psychology and a doctorate in the brain’s processing of three-dimensional vision, qualifying as a charted psychologist before commencing training as a barrister.

While sitting as a judge, she also studied for a second doctorate at Oxford in analysing the use of visual symbols in online identities.

McCloud joined the Bar in 1995, where she was a tenant at Coram Chambers, where she practised general civil and has been an editor and author of the White Book, the bible of the civil courts, since 2000.

She is also a chartered psychologist and author on the law and has contributed to the Equal Treatment Bench Book, which is intended to increase understanding of different people who appear in court, including trans people.

Universal High Regard

McCloud was widely regarded as a person of exceptional ability and empathy.

One barrister, who regularly appeared in her Court was quoted in The Times saying that her appointment was “at the forefront of advancing the judiciary into the 21st century and she is a paradigm of what a judge should be — fair, transparent and efficient.”

The event featured several speakers who praised McCloud’s contributions and character. Sarah Crowther KC said: “I have spoken and emailed with many people regarding this occasion and I have been struck with the universal high regard you are held. Several people have noted how kind you always are and how dedicated you are to achieving justice.”

Crowther also shared a humorous anecdote from a remote hearing during the COVID-19 pandemic, where McCloud maintained her composure despite unexpected circumstances involving a client’s attire. Crowther noted, “Judicial discretion was maintained at all times.”

Emily Formby, chair of the Personal Injuries Bar Association (PIBA), expressed regret over McCloud’s decision to step down, acknowledging her support to many colleagues: “It is sad to note that you do not feel able to continue in post and did not feel supported by the judicial framework to enable you to do so. You have been so supportive of many of us.”

Carine Patry KC read a letter from a young trans woman, emphasizing the impact of McCloud’s career: “Your decision to stand down does not change anything. You have achieved everything and will continue to do so. I promise that I will always fight to achieve as much as you have in your name as well as mine.”

Oscar Davies, representing trans and non-binary lawyers and legal academics, thanked McCloud for her pioneering role: “You have shown this country that trans people can be the best lawyers and we hope one day we can look at the bench with many members of our community included. Thank you for walking so we can run, hopefully not run out of the profession but run up through it with grace and success as you have done.”

New Legal Role

She is now to join Gatehouse Chambers as an Associate Member in an announcement made by the Chambers this month.

Gatehouse Chambers has a growing reputation for handling internal investigations and whistleblowing cases. She has also been an advisor to the All Party Parliamentary Group on Whistleblowing via its secretariat, Whistleblowers UK, quite apart from her career as a Master.