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04 September 2026
Issue: 8175 / Categories: Legal News , Public , Human rights
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NLJ this week: Public law in motion

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Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ

In this week's issue, the team examines the Supreme Court’s rejection of Cheshire West’s bright-line ‘acid test’ for deprivation of liberty. The court favoured a multifactorial approach, while warning that consent should not be inferred where doubt exists.

In Ammori, the Court of Appeal upheld the proscription of Palestine Action and emphasised the latitude owed to accountable decision-makers: policies are ‘guides, not rules or statutes’.

Other decisions leave uncertainty over when anxious scrutiny applies and whether ‘conspicuous unfairness’ creates a free-standing duty to consult.

Meanwhile, Weis, the first Court of Appeal ruling under the post-Brexit subsidy control regime, confirms that the Competition Appeal Tribunal decides for itself whether a subsidy exists before reviewing its legality. Public authorities retain broad discretion, but procedural flaws show their decisions remain open to judicial scrutiny.

Issue: 8175 / Categories: Legal News , Public , Human rights
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

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
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