Duty of Candour and FOI Requests before the JR is Pleaded

Duty Of Candour Judicial Review

  • 2 ratings, 85 users enrolled

Course Overview

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.

What are the requirements?

  • On completion of this course viewers will:
  • • Have a greater understanding of what is required from them in respect of duty of candour in judicial review
  • • Appreciate how the Freedom of Information Act can be used to obtain disclosure for judicial review applications

Learning Outcomes

  • Watch the recorded webinar and review the supporting documentation
  • This course provides 0.5 - 1 CPD point (depending on length of time spent reviewing the supporting documentation).

What is the target audience?

  • Public law practitioners


About Instructor - Dean Kingham

Dean is Head of the Prison law, Crime and Public Law department at Swain Solicitors.

Having represented some of the most high profile prisoners in recent years, Dean was listed in the 2015 Legal 500 directory which described him as a ‘specialist in parole’. Dean is a current committee member for the Association of Prison Lawyers and sits on the Parole Board user group and Parole Standards Board.

In addition, Dean has assisted FASO (False Allegation Support Organisation), has close links with JENGBA (Joint Enterprise Not Guilty By Association) and is a member of Justice, the Law reform and human rights organisation.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Notes
    1 Page
  • Discussion Questions
    1 Page


  • Price
  • £ 60