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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
printer mail-details

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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