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20 February 2026
Issue: 8150 / Categories: Case law , In Court , Law digest
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Law digests: 20 February 2026

Costs

R (on the application of ABB) v Secretary of State for the Home Department [2026] EWCA Civ 61

The Court of Appeal, Civil Division, allowed ABB’s appeal against a costs order made by the Upper Tribunal following successful judicial review proceedings concerning a visa refusal. The Secretary of State for the Home Department had been ordered to pay 75% of ABB’s reasonable costs, but ABB appealed, arguing that he should be awarded his full costs. The key issue was whether the Upper Tribunal judge erred in reducing costs when ABB had achieved his primary remedy of entry clearance for 36 months. The court held that this was a category one case under the principles in R (M) v Croydon LBC [2012] EWCA Civ 595, where ABB was ‘wholly successful’ having obtained the visa he sought. The court found the secretary of state failed to discharge the heavy burden of justifying departure from the general rule that successful parties receive full costs, particularly where the secretary of state failed to comply with the pre-action protocol while ABB had complied. The secretary

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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