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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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