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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

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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