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 to a specific judicial decision and a claim for
