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29 May 2026
Issue: 8163 / Categories: Legal News , Public , Human rights , Judicial review
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NLJ this week: Courts tighten scrutiny of AI and public power

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© 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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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