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Public law update: February 2026

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From sanctions to Windrush & national security: the latest human rights & judicial review cases, rounded up by the team at Herbert Smith Freehills Kramer

  • A recent flurry of cases on the scope of Art 6 of the European Convention on Human Rights (ECHR) in differing contexts has helped to clarify its limits, as well as potentially extending its scope in the context of compensation schemes.
  • The Court of Appeal has reiterated the importance of constitutional balance and respecting the executive’s role on policy issues, both substantively and in considering remedies in judicial review.
  • The Supreme Court has provided guidance on the tricky concept of ‘other status’ as a potential ground for discrimination in Art 14, ECHR.

Article 6 under the spotlight

Article 6 of the European Convention on Human Rights (ECHR) guarantees the right to a fair trial, including certain procedural protections in the determination of ‘civil rights and obligations’.

In PJSC VTB Bank v HM Treasury [2025] EWHC 3359 (Admin), a Russian bank subject to sanctions by the UK challenged

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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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