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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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