I R ( IAB ) v SSHD (2023) EWHC 2930 (Admin) Swift J gave guidance on the Duty of Candour and on the procedure to be adopted by a party who wishes documents in Judicial Review proceedings to be redacted so as not to disclose the names of employees and/or contractors. The Duty of Candour is an obligation of explanation, rather than simply an obligation to disclose. It exists to ensure that the reasoning process underlying a challenged decision is explained. Disclosure of relevant material is required when it is necessary for the fair and just determination of an issue in the case. A person disclosing a redacted document should fully and succinctly explain at the point of disclosure the reason for the redaction and do so in a witness statement.

This entry was posted on Tuesday, November 21st, 2023 at 10:19 am and is filed under Judicial Control, Liability and Litigation. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.