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27 February 2026 / Herbert Smith Freehills Kramer
Issue: 8151 / Categories: Features , Public , Human rights , Judicial review , Compensation , Sanctions
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Public law update: February 2026

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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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MOVERS & SHAKERS

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Sponsored by
Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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