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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
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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

Freeths—Suzanne Porter

Freeths—Suzanne Porter

Firm launches trusts, estates and tax practice in the north with senior hire

Fieldfisher—Guy Forster

Fieldfisher—Guy Forster

Personal injury and medical negligence team strengthened by partner hire

mfg Solicitors—Richard Port

mfg Solicitors—Richard Port

Firm appoints partner and head of family in Birmingham office

NEWS
CILEX has called for a review of conveyancing fees and stronger regulation of the high-volume residential property sector, in its response to government proposals for homebuying reforms
Pension provision should be considered during all divorce proceedings in order to repair gender inequality, the Pension Policy Institute (PPI) charity and workplace pensions provider now:pensions have said
‘Over-regulating’ the cryptoassets sector could stifle growth when the government brings regulations into force in 2027, a digital assets lawyer has warned
Solicitors received a new year’s boost this month with the announcement of an uplift to the guideline hourly rates
There’s no need to change the rules or introduce more legislation to regulate the use of artificial intelligence (AI) in the legal sector, the Law Society has said this week in its response to the Department for Science, Innovation & Technology’s call for evidence on the AI Growth Lab
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