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14 August 2026
Issue: 8174 / Categories: Legal News , Profession , Procedure & practice
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NLJ this week: Right outcome, troubling reasoning?

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How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 

Neil Davies and Tom Clinton examine Judicial Appointments Commission v Choudhury, where the First-tier Tribunal refused a costs application while nevertheless characterising some allegations against the JAC as unreasonable.

The authors agree with the costs outcome but question that reasoning, stressing that unsuccessful allegations of dishonesty or misconduct are not automatically unreasonable; what matters is whether there was a reasonable explanation for making them. They also challenge reliance on distress caused to JAC staff, arguing that public authorities should tolerate stronger criticism because accountability is inherent in public office. Crucially, the tribunal found no causal connection between the language used and the JAC’s expenditure: substantially the same defence costs would have arisen regardless of tone.

Davies and Clinton therefore warn against allowing costs rules to become punitive measures against forceful expression rather than compensation for expenditure caused by unreasonable conduct. 

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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