header-logo header-logo

NLJ this week: Human rights disputes push courts to redefine their role

05 December 2025
Issue: 8142 / Categories: Legal News , Public , Human rights , Judicial review
printer mail-detail
237723
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ

The Supreme Court in Shvidler reaffirmed that courts must conduct their own proportionality assessments, though they must give weight to executive judgments; Lord Leggatt’s dissent warned against judicial deference that ‘abdicates responsibility’.

Challenges to the Online Safety Act highlighted potential conflicts between Category 1 duties and freedom of expression, with the court signalling that future ECHR challenges remain possible.

Under the National Security and Investment Act, a divestment order survived scrutiny despite acknowledged severity, illustrating courts’ reluctance to second-guess national security decisions.

Meanwhile, the boundary between contract and public law remained contested in cases involving Building Safety Act schemes.

Finally, strict time-limit rulings underscore that promptness—often faster than three months—is essential in judicial review.

MOVERS & SHAKERS

DAC Beachcroft—Ben Daniels

DAC Beachcroft—Ben Daniels

Firm elects new senior partner to lead next phase of growth

Taylor Rose—Amarjit Ryatt

Taylor Rose—Amarjit Ryatt

Partner appointed head of family and divorce

Browne Jacobson—Adam Berry & Adam Culy

Browne Jacobson—Adam Berry & Adam Culy

Financial and professional risks team expand with dual partner hire

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
back-to-top-scroll