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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
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