Britain's first trans judge has lodged an appeal with the European Court of Human Rights against the Supreme Court’s landmark gender ruling. The UK's highest court in April confirmed that the definition of a woman in equality law is based on biological sex following legal action by campaign group For Women Scotland.

But the retired judge Victoria McCloud is pushing for a rehearing of the case. She argues that the Supreme Court undermined her Article 6 rights to a fair trial after it refused to hear representation from her and did not hear evidence from any other trans individuals or groups.

Ms McCloud said: "There is no space for decision-making about us, without us.

“I intend to ensure that there will be no peace for the gender-critical ideological movement, the Labour Government appeasing it, or space in our schools, homes and workplaces for an ideology which causes harm, misery and oppression of a small and law-abiding minority in our formerly tolerant country.”

The Trans Legal Clinic has launched a legal fundraiser for £150,000 to raise funds to support the case. But women's rights campaigners dismissed the case as "fantasy" and "incomprehensible".

Maya Forstater, the chief executive of Sex Matters, said: “What we are being told about this proposed case is incomprehensible.

“The European Court of Human Rights only hears cases that have exhausted all domestic legal remedies, and since McCloud wasn’t a party to For Women Scotland in the Supreme Court, that’s not the case here.

“It’s a fantasy that someone can go straight to Strasbourg to complain that the Supreme Court in their own country didn’t listen to them.”

Susan Smith, from For Women Scotland, added: “As far as we understand it is the Supreme Court’s prerogative whether to accept interventions or not. It obviously carefully considered McCloud’s application and made a decision based on the value of its content.

“The court is solely concerned with statutory interpretation and does not hear personal testimony or take evidence, and rarely takes interventions from individuals.

“We will watch with interest whether McCloud’s application is accepted by the European Court of Human Rights or even if it comes within the deadline to proceed.”