Public law update: February 2026

• 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),