A charity has said it will seek to appeal against a High Court ruling throwing out a proposed legal challenge over rules allowing trans people to use single-sex facilities at Hampstead Heath's swimming ponds.
Sex Matters says it wants to appeal against Mrs Justice Lieven's ruling last month that it could not proceed with legal action against the City of London Corporation (CLC).
It had previously sought to challenge the CLC'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 after a Supreme Court ruling that a person's legal sex is that biologically assigned at birth.
Lieven said in her ruling that the "appropriate forum" for the claim was the county court, rather than the High Court, but on Friday, Sex Matters said it had applied for permission to challenge the decision at the Court of Appeal on the basis that the judge was "wrong in law".
'Plainly wrong'
Maya Forstater, the charity's chief executive, said she believed the corporation's approach over the north-west London swimming spot was "a clear example of an unlawful policy".
She said: "Kenwood Ladies' Pond is an iconic battleground for campaigners for women's sex-based rights.
"A judgement in this case would provide a template for other single-sex services, and show that service providers cannot get away with ignoring the law."
In written submissions in support of the appeal bid, Tom Cross KC, for Sex Matters, said Lieven was "plainly wrong" to refuse to allow the legal challenge to proceed.
The barrister continued that it was "contrary to the public interest, the rule of law, and the sound administration of justice" for the issues raised in the claim not to be considered at the High Court.
Cross told a hearing in December that the current rules governing access to the ponds treat an individual woman "less favourably" than an individual man, and that the corporation should change its policy in light of the Supreme Court ruling.
But 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.
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