Category: duty of candour

Lewis Graham: Paused Policies, Secret Policies and the Rule of Law: XY v Secretary of State for the Home Department – UK Constitutional Law Association

Posted February 22nd, 2024 in duty of candour, government departments, immigration, interpretation, news, rule of law, trafficking in human beings by sally

‘It is hard to think of a concept with a more contested definition in legal and political circles than “the rule of law”. The question of what content (if any) might be found within it (and indeed, what “it” even is – a political truth? A normative ideal? A mere slogan?) has been taken up, with varying degrees of enthusiasm, by first-year law students, wizened academics, campaigning groups and politicians. If it sometimes seems that a thicker, rights-laden understanding of the term has taken root, detractors are always quick to emerge, eager to remind us of what the rule of law is and what it is not. There is a real danger in piling too much upon the notion so as to distort the concept, which may cause us to lose sight of why the rule of law is uniquely important. At the very least, framing the rule of law narrowly helps ensure that an appropriate degree of opprobrium can be generated in those instances when it is, in fact, undermined.’

Full Story

UK Constitutional Law Association, 22nd February 2024

Source: ukconstitutionallaw.org

Redacting names of junior civil servants in disclosed documents does not fulfil duty of candour, Court of Appeal finds – Local Government Lawyer

Posted February 8th, 2024 in anonymity, civil servants, disclosure, duty of candour, government departments, news by sally

‘The Court of Appeal has found the practice of Government departments redacting the names of junior civil servants when disclosed is “inimical to open government” and does not fulfil the duty of candour.’

Full Story

Local Government Lawyer, 7th February 2024

Source: www.localgovernmentlawyer.co.uk

Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association

Posted October 23rd, 2023 in civil procedure rules, constitutional law, disclosure, documents, duty of candour, judicial review, news by tracey

‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’

Full Story

UK Constitutional Law Association, 16th October 2023

Source: ukconstitutionallaw.org

Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association

Posted October 17th, 2023 in civil procedure rules, disclosure, duty of candour, judicial review, news, practice directions by sally

‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’

Full Story

UK Constitutional Law Association, 16th October 2023

Source: ukconstitutionallaw.org

Inquests ‘more adversarial than criminal cases’, says Grenfell QC – Law Society’s Gazette

Posted August 27th, 2020 in bereavement, duty of candour, fire, health & safety, inquests, news, statutory duty by sally

‘A QC representing bereaved families in the Grenfell Tower public inquiry has backed calls for a statutory duty of candour, saying she has often found inquests far more adversarial than any criminal case she has done. ‘

Full Story

Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com

Posted February 14th, 2019 in children, delay, duty of candour, fines, hospitals, medical treatment, news, notification by sally

‘The Care Quality Commission (CQC) has issued its first fine to an NHS trust for failing to comply with its ‘duty of candour’, which requires healthcare providers to be open and honest with patients or their families if there is an incident in which they suffer harm.’

Full Story

OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Home Office misled court about treatment of child refugees from Calais, judges find – The Guardian

Posted August 1st, 2018 in children, disclosure, duty of candour, families, government departments, immigration, news, reasons, refugees by sally

‘The government “materially misled” the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was “a serious breach of the duty of candour and cooperation”, the court of appeal ruled on Tuesday.’

Full Story

The Guardian, 31st July 2018

Source: www.theguardian.com

Judge slams council for failing in duty of candour to the court – Litigation Futures

Posted May 11th, 2018 in children, disclosure, duty of candour, housing, judicial review, local government, news by sally

‘The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty.’

Full Story

Litigation Futures, 10th May 2018

Source: www.litigationfutures.com

Judiciary consults on the Defendant’s Duty of Candour and Disclosure in Judicial Review Proceedings – Courts and Tribunals Judiciary

Posted April 28th, 2016 in consultations, disclosure, duty of candour, judiciary by tracey

‘The Lord Chief Justice has issued a Discussion Paper by Mr Justice Cranston and Mr Justice Lewis, which considers the defendant’s duty of candour and disclosure in judicial review proceedings.’

Full Discussion paper

Courts and Tribunals Judiciary, 28th April 2016

Source: www.judiciary.gov.uk

Serbian Forum Shopper in Breach of his Duty of Full and Frank Disclosure has his Privacy and Libel Action Struck Out – RPC Data and Privacy Law

Posted December 8th, 2015 in choice of forum, defamation, disclosure, duty of candour, foreign jurisdictions, news, privacy, striking out by sally

‘On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika, a Serbian language newspaper circulating in Serbia and neighbouring countries in hard copy and available in this country only on the internet. Sir Michael held that the Claimant was in breach of his duty of full and frank disclosure and the case is a significant reminder of the duty of candour that rests upon a claimant when seeking permission to serve outside the jurisdiction under CPR 6.36 and of the perils of over-enthusiastic attempts to squeeze foreign claims into this jurisdiction. The case is also important on the question of how section 9(2) Defamation Act 2013 requiring evidence that England and Wales is “clearly the most appropriate place in which to bring an action in respect of the statement” is to be interpreted and the burden it places on a Claimant which the judge decided had not been discharged in this case.’

Full story

RPC Data and Privacy Law, 7th December 2015

Source: www.rpc.co.uk

‘Broader interest of justice’ can trump parties’ duty of candour in judicial review cases, says Privy Council – OUT-LAW.com

Posted June 22nd, 2015 in appeals, costs, disclosure, duty of candour, gambling, judicial review, licensing, news, Privy Council by tracey

‘Courts should not dismiss an application for judicial review solely on the grounds that one party has not complied with its duty to disclose all necessary facts and issues if doing so would not be in the interests of justice, one of the UK’s highest courts has ruled.’

Full story

OUT-LAW.com, 19th June 2015

Source: www.out-law.com