The following Public Law practice 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 default position is because judicial review is usually concerned with the legal consequences of (largely) agreed facts and the court is not trying to resolve factual disputes. 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.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. 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
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.