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NLJ this week: Human rights disputes push courts to redefine their role

05 December 2025
Issue: 8142 / Categories: Legal News , Public , Human rights , Judicial review
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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

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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