The following Public Law guidance note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty of candour rather than a formal disclosure process.
Disclosure is not required unless the court orders otherwise. This applies in judicial review, statutory reviews and appeals in the Administrative Court.
The court has a broad discretion to order disclosure. However, that discretion will be exercised sparingly.
All parties to judicial review proceedings are under a general duty of candour requiring them to disclose facts and information needed and ensure they are put before the court for the fair determination of the issues:
expert witnesses in personal injury cases to have access to documents on drug manufacture for the purposes of the case, for other purposes the witness (a journalist) was under a duty of confidentiality not to disclose
the timing of disclosure of evidence has a bearing on costs and assessment of payments in
Adherence to the duty of candour should result in sufficient disclosure.
The duty of candour for a defendant in judicial review proceedings is to be open and frank throughout them.
A public body defendant therefore has a 'very high duty' to make full and fair disclosure to the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234