header-logo header-logo

04 September 2026 / Herbert Smith Freehills Kramer
Issue: 8175 / Categories: Features , Public , Human rights
printer mail-detail

Public law update: September 2026

258063
© Getty images
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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll