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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

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
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