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05 December 2025
Issue: 8142 / Categories: Features , Public , Judicial review , Human rights
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Public law update: December 2025

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The latest human rights & judicial review cases from the team at Herbert Smith Freehills Kramer
  • In human rights cases, courts are still grappling with the tension between fulfilling their constitutional role of ensuring accountability for executive interference with rights and respecting the judgment of the decision-maker.
  • The extent to which judicial review applies in a contractual context remains a difficult area, with inconsistency between recent case outcomes, showing the context-specific nature of such issues.
  • The courts continue to take a strict approach to delay in commencing judicial review proceedings, particularly in the planning and infrastructure context.

Interference with ECHR rights

In Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] UKSC 30, the Supreme Court dealt with combined appeals under the sanctions regime (where judicial review principles apply), raising issues under the European Convention on Human Rights (ECHR). The focus was the correct approach of both first instance and appellate courts in determining whether interferences with ECHR rights are proportionate.

The Supreme Court confirmed

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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
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
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