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20 February 2026
Issue: 8150 / Categories: Case law , In Court , Law digest
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Law digests: 20 February 2026

Costs

R (on the application of ABB) v Secretary of State for the Home Department [2026] EWCA Civ 61

The Court of Appeal, Civil Division, allowed ABB’s appeal against a costs order made by the Upper Tribunal following successful judicial review proceedings concerning a visa refusal. The Secretary of State for the Home Department had been ordered to pay 75% of ABB’s reasonable costs, but ABB appealed, arguing that he should be awarded his full costs. The key issue was whether the Upper Tribunal judge erred in reducing costs when ABB had achieved his primary remedy of entry clearance for 36 months. The court held that this was a category one case under the principles in R (M) v Croydon LBC [2012] EWCA Civ 595, where ABB was ‘wholly successful’ having obtained the visa he sought. The court found the secretary of state failed to discharge the heavy burden of justifying departure from the general rule that successful parties receive full costs, particularly where the secretary of state failed to comply

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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