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05 December 2025
Issue: 8142 / Categories: Features , Public , Judicial review , Human rights
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Public law update: December 2025

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The latest human rights & judicial review cases from the team at Herbert Smith Freehills Kramer
  • In human rights cases, courts are still grappling with the tension between fulfilling their constitutional role of ensuring accountability for executive interference with rights and respecting the judgment of the decision-maker.
  • The extent to which judicial review applies in a contractual context remains a difficult area, with inconsistency between recent case outcomes, showing the context-specific nature of such issues.
  • The courts continue to take a strict approach to delay in commencing judicial review proceedings, particularly in the planning and infrastructure context.

Interference with ECHR rights

In Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] UKSC 30, the Supreme Court dealt with combined appeals under the sanctions regime (where judicial review principles apply), raising issues under the European Convention on Human Rights (ECHR). The focus was the correct approach of both first instance and appellate courts in determining whether interferences with ECHR rights are proportionate.

The Supreme Court confirmed that first instance courts must conduct their own assessment of proportionality

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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
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