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05 December 2025
Issue: 8142 / Categories: Legal News , Public , Human rights , Judicial review
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NLJ this week: Human rights disputes push courts to redefine their role

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The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ

The Supreme Court in Shvidler reaffirmed that courts must conduct their own proportionality assessments, though they must give weight to executive judgments; Lord Leggatt’s dissent warned against judicial deference that ‘abdicates responsibility’.

Challenges to the Online Safety Act highlighted potential conflicts between Category 1 duties and freedom of expression, with the court signalling that future ECHR challenges remain possible.

Under the National Security and Investment Act, a divestment order survived scrutiny despite acknowledged severity, illustrating courts’ reluctance to second-guess national security decisions.

Meanwhile, the boundary between contract and public law remained contested in cases involving Building Safety Act schemes.

Finally, strict time-limit rulings underscore that promptness—often faster than three months—is essential in judicial review.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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