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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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© 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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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