27 February 2026 / Herbert Smith Freehills Kramer

Issue: 8151 / Categories: Features , Public , Human rights , Judicial review , Compensation , Sanctions

Public law update: February 2026

From sanctions to Windrush & national security: the latest human rights & judicial review cases, rounded up by the team at Herbert Smith Freehills Kramer

A recent flurry of cases on the scope of Art 6 of the European Convention on Human Rights (ECHR) in differing contexts has helped to clarify its limits, as well as potentially extending its scope in the context of compensation schemes.
The Court of Appeal has reiterated the importance of constitutional balance and respecting the executive’s role on policy issues, both substantively and in considering remedies in judicial review.
The Supreme Court has provided guidance on the tricky concept of ‘other status’ as a potential ground for discrimination in Art 14, ECHR.

Article 6 under the spotlight

Article 6 of the European Convention on Human Rights (ECHR) guarantees the right to a fair trial, including certain procedural protections in the determination of ‘civil rights and obligations’.

In PJSC VTB Bank v HM Treasury [2025] EWHC 3359 (Admin),

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Public law update: February 2026

Issue: 8151 / Categories: Features , Public , Human rights , Judicial review , Compensation , Sanctions

From sanctions to Windrush & national security: the latest human rights & judicial review cases, rounded up by the team at Herbert Smith Freehills Kramer

A recent flurry of cases on the scope of Art 6 of the European Convention on Human Rights (ECHR) in differing contexts has helped to clarify its limits, as well as potentially extending its scope in the context of compensation schemes.
The Court of Appeal has reiterated the importance of constitutional balance and respecting the executive’s role on policy issues, both substantively and in considering remedies in judicial review.
The Supreme Court has provided guidance on the tricky concept of ‘other status’ as a potential ground for discrimination in Art 14, ECHR.

Article 6 under the spotlight

Article 6 of the European Convention on Human Rights (ECHR) guarantees the right to a fair trial, including certain procedural protections in the determination of ‘civil rights and obligations’.

In PJSC VTB Bank v HM Treasury

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Public law update: February 2026

Article 6 under the spotlight

Article 6 under the spotlight

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Ward Hadaway—Barnaby Rosenthall

Bird & Bird—Shahin Baghaei