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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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