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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

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
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
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