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04 September 2026 / Herbert Smith Freehills Kramer
Issue: 8175 / Categories: Features , Public , Human rights
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Public law update: September 2026

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A rare departure for the Supreme Court?
Rare reversals, robust appellate intervention & unresolved doctrinal questions: the public law team at Herbert Smith Freehills Kramer rounds up a significant period in public law
  • Recent decisions show public law in flux, from the rare overturning of Supreme Court precedent to the Court of Appeal rejecting the Divisional Court's overly technical reading of policy that constrained decision-maker discretion.
  • Uncertainty persists over the appropriate standard of review and when a duty to consult arises, while the first Court of Appeal decision under the post-Brexit subsidy control regime signals that broad discretion will not stop the courts exposing public law flaws.

Supreme Court overrules itself

The Supreme Court has overruled its own precedent on what amounts to a ‘deprivation of liberty’ for the purposes of Art 5 of the European Convention on Human Rights in Re Attorney General for Northern Ireland’s Reference [2026] UKSC 16. The previous position from its decision in Cheshire West and Chester Council v P [2014] UKSC 19 was an ‘acid test’ for deprivation

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
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