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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

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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