header-logo header-logo

29 May 2026
Issue: 8163 / Categories: Legal News , Public , Human rights , Judicial review
printer mail-detail

NLJ this week: Courts tighten scrutiny of AI and public power

251069
© Ray Tang/Shutterstock
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer

Writing in NLJ this week, the firm’s public law team highlights a Divisional Court ruling upholding police use of live facial recognition technology, finding it was ‘in accordance with the law’ because clear safeguards and proportionality requirements governed its deployment. The court stressed that broad discretionary powers are not automatically unlawful, provided there is a sufficient framework limiting arbitrary use.

The update also examines recent proportionality rulings from both the European Court of Human Rights and the Court of Appeal, including disputes over welfare benefits, VAT on private school fees and sanctions.

Elsewhere, the courts signalled a renewed willingness to police the true purpose behind public decisions, including a ruling that Croydon Council unlawfully used traffic schemes primarily to raise revenue. The message, the authors suggest, is that public bodies must do more than merely ‘pay lip service’ to legal safeguards.

Issue: 8163 / Categories: Legal News , Public , Human rights , Judicial review
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll