Disclosure

July 7th, 2020

In R (Charles) v SoS for FCO (2020) EWHC 1620 (Admin) a Divisional Court restated that in Judicial Review proceedings (1) standard disclosure is not automatic, (2) the right of inspection of documents referred to in a witness statement is not applicable, (3) a confirmation by a party that it has disclosed all relevant documents is conclusive unless there are grounds for supposing it to be mistaken, and (4) disclosure is of what is necessary for the just and fair determination of the issues.

Judicial review is not like other civil litigation as regards disclosure : para 20. However, there is a “duty of candour” on the parties : para 21.

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