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

Freeths—Mark Price

Freeths—Mark Price

Freeths strengthens restructuring and insolvency team with partner appointment

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF strengthens public inquiries team with trio of high-profile appointments

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Three-lawyer team hire boosts Excello Law’s property litigation practice

NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
back-to-top-scroll