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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

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
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
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
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