222 In the final part of [41] of Ms Tickle's affidavit, she says that she wishes to halt her use of antianxiety medication, but fears that panic attacks will return due to the stress caused by Ms Grover's actions and this proceeding. Again, the reference to Ms Grover's actions must be read as a reference both to the removal of Ms Tickle from the Giggle App and Ms Grover's subsequent comments, the latter of which cannot ground an award of damages. It is similarly unclear whether the stress and anxiety that Ms Tickle has experienced from this proceeding refers to the actions taken by the respondents in the course of this proceeding, and if so which; or from the general stress attached to any legal proceeding. The latter cannot be grounds for aggravated damages. More fundamentally however, this is only evidence of her speculation as to the future effect of halting the use of anti-anxiety medication while experiencing stress and anxiety. It is not a loss or damage that has eventuated. Ms Tickle is not a doctor or otherwise an expert on the matter, and so accordingly I cannot give this self-assessment any real weight.
(ii) Injured feelings
223 The evidence of Ms Tickle's injured feelings is not similarly deficient. I accept that compensation may be awarded under s 46PO(4) for injured feelings, to adopt the term used by May LJ in Alexander v Home Office [1988] 1 WLR 968 at 975; [1988] 2 All ER 118 at 122: Wotton at [1622].
224 It is convenient to reproduce again the relevant portion of Ms Tickle's evidence, at [38] of her affidavit:
The above events involving the Giggle App and Ms Grover have had a significant impact on my life. The respondents' unilateral decision that I am not a woman, and therefore cannot access the Giggle App, has upset me greatly and has resulted in me having to go to great lengths to prove that I am a woman. It has been exhausting and draining to do so.
225 Ms Tickle makes clear that the real injury from her exclusion from the Giggle App was the hurt of not being treated as a woman. As I have found, it is most probable that this arose from a reflexive decision by Ms Grover while reviewing Ms Tickle's selfie. Though it was not established in this case that the decision was made because of Ms Tickle's gender identity, the condition that users appear to be cisgendered women on Ms Grover's review of their photos did result in Ms Tickle being treated as a man. The imposed condition was not attuned to distinguish between these groups, therefore causing hurt to Ms Tickle's feelings.
226 The purpose of the prohibition on discrimination on the ground of gender identity discrimination is to address this kind of injury, among others. On Ms Tickle's evidence she
