Duty Of Candour Judicial Review
Judicial reviews are generally concerned with the legality of a decision, measure or failure to act in relation to the exercise of a public function and as a result, CPR Part 31, which sets out the rules applicable on standard disclosure, will not ordinarily apply.
Only in a small minority of cases, where the factual basis of the case is challenged, will the requirement for disclosure be ordered by the court. In such matters both parties are subject to a duty of candour. This is a weighty responsibility and both parties are obliged to set out fully and fairly all matters that are relevant to any issue arising in the Duty Of Candour Judicial Review.
This bite-size session will discuss how the duty of candour is interpreted by the courts and the ways in which viewers can obtain disclosure before lodging their judicial review application in the high court.
Specifically, this course will examine the crucial source of information which Freedom of Information Act (FOIA) requests present and the way in which the FOIA can be utilised as a part of judicial review pre-action.
Public law practitioner Dean Kingham will also provide advice on how viewers can frame questions in order to obtain the information they require to assist their duty of candour judicial review application and how timing is everything when making an application to the public authority.
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