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. ‘

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Law Society's Gazette, 26th August 2020


Care Quality Commission issues first ‘duty of candour’ breach fine –

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, 13th February 2019


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

‘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.’

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The Guardian, 31st July 2018


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

‘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.’

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Litigation Futures, 10th May 2018


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


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

‘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.’

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RPC Data and Privacy Law, 7th December 2015


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

‘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, 19th June 2015