header-logo header-logo

Public law update: May 2026

251069
© Ray Tang/Shutterstock

Artificial intelligence, proportionality & purpose are under the spotlight in the latest round-up by the team at Herbert Smith Freehills Kramer

  • A Divisional Court decision finding use of facial recognition technology to be in accordance with the law has potentially significant implications for the use of artificial intelligence by public authorities.
  • The nature of the proportionality test has been discussed and clarified further by both the European Court of Human Rights and the Court of Appeal, with the latter also touching on the tricky goodwill/future income distinction under A1P1.
  • The courts have shown willingness to police the true purpose behind decisions and ensure that they are lawful and in accordance with the relevant legislation or policy.

Lawfulness of AI use

In R (Thompson and another) v The Commissioner of Police of the Metropolis [2026] EWHC 915 (Admin), the Divisional Court considered whether the police’s use of live facial recognition technology (LFR) was ‘in accordance with the law’ (IAWL) for the purposes

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Greg Cox, Simpson Millar

NLJ Career Profile: Greg Cox, Simpson Millar

Simpson Millar CEO Greg Cox talks landmark cases, legal reform and why the profession is crying out for more simplicity

Winckworth Sherwood—Lee Ranford

Winckworth Sherwood—Lee Ranford

Partner joins team as head of restructuring

Burgess Mee—Susie Barter

Burgess Mee—Susie Barter

Family law firm strengthens offering with partner hire

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll