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25 September 2026
Issue: 8178 / Categories: Case law , In Court , Law digest
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Law digests: 25 September 2026

Costs

R (Sean Fitzgerald) v The Parole Board for England and Wales [2026] EWCA Civ 1199

The Court of Appeal, Civil Division, allowed the appellant’s (Mr Fitzgerald) appeal against a High Court costs order. Mr Fitzgerald had successfully claimed judicial review against the Parole Board for unlawful delay in holding a hearing to decide his release after serving his minimum term. The judge had found a ten-month breach of Art 5(4) of the European Convention on Human Rights and awarded £10,000 damages, but made no order for costs. The Court of Appeal held that the practice described in Davies v Birmingham Deputy Coroner and applied in R (Gourlay) v Parole Board, which protects courts and tribunals from adverse costs orders when acting judicially and not actively participating, did not apply to this case. The court had found, among other things, that the delay was administrative rather than judicial, caused by the Parole Board’s failure to manage the case actively and its shortage of panel members. The claim included both a challenge

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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