header-logo header-logo

29 May 2026
Issue: 8163 / Categories: Legal News , Public , Human rights , Judicial review
printer mail-detail

NLJ this week: Courts tighten scrutiny of AI and public power

251069
© Ray Tang/Shutterstock
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer

Writing in NLJ this week, the firm’s public law team highlights a Divisional Court ruling upholding police use of live facial recognition technology, finding it was ‘in accordance with the law’ because clear safeguards and proportionality requirements governed its deployment. The court stressed that broad discretionary powers are not automatically unlawful, provided there is a sufficient framework limiting arbitrary use.

The update also examines recent proportionality rulings from both the European Court of Human Rights and the Court of Appeal, including disputes over welfare benefits, VAT on private school fees and sanctions.

Elsewhere, the courts signalled a renewed willingness to police the true purpose behind public decisions, including a ruling that Croydon Council unlawfully used traffic schemes primarily to raise revenue. The message, the authors suggest, is that public bodies must do more than merely ‘pay lip service’ to legal safeguards.

Issue: 8163 / Categories: Legal News , Public , Human rights , Judicial review
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll