Podcast Location:
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Categories:
Human Rights, Civil Liberties & Public Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

Traditionally, there was no general duty of inspection of disclosure in judicial review and the ordering of specific disclosure was therefore a rare occurrence. However judicial review litigation is now being conducted with far more attention being paid to disclosure and candour issues than ever before. In this podcast Samantha Broadfoot from Landmark chambers explains how this obligation has developed over recent years and provides useful guidance as to how the issue of disclosure and the duty of candour should be approached in light of caselaw developments.

Outcomes:
After completing the course you will:
  • Appreciate the traditional position regarding disclosure in judicial review;
  • Understand the impact of recent case law on the question of disclosure in judicial review and how the approach to disclosure has developed in recent years;
  • Have considered the Treasury Solicitor’s guidance on the duty of candour and how to properly carry out the disclosure exercise in judicial review cases;
  • Have considered cases in which public bodies have faced difficulty with the practical implications of the duty of candour;
  • Understand the circumstances in which a court can redact part of its reasoning contained in a judgment;
  • Appreciate how the courts have approached the question as to how far back one has to go in discharging the duty of candour;
  • Understand how the Courts are now likely to respond to disclosure applications in judicial review cases.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings;
  • AHK & others v SSHD [2012] EWHC 1117 (Admin);
  • Belize Alliance v Department of the Environment [2004] UKPC 6;
  • Civil Litigation Costs Review Preliminary Report by Lord Justice Jackson May 2009, chapter 7, para. 2.3;
  • R (Al-Sweady) v Secretary of State for Defence [2009] EWHC 1687 (Admin);[2009] EWHC 2387 (Admin);
  • R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 56; [2011] QB 218;
  • R (I) v Secretary of State for the Home Department [2007] EWHC 3103 (Admin);
  • R (Mohammed & Evans) v Secretary of State for Defence Collins J, 15 May 2012;
  • R (Public and Commercial Services Union) v Minister for the Civil Service [2011] EWHC 2556;
  • R (Quark Fishing) v SS Foreign & Commonwealth Affairs [2002] EWCA Civ 1409 at [50];
  • R (Shoesmith) v Ofsted [2010] EWHC 852;
  • R v Lancashire CC, ex p Huddleston [1986] 2 All ER 941;
  • R v Secretary of State for Foreign & Commonwealth Affairs, ex p WDM [1995] 1 WLR 286 at 396;
  • R v SSE, ex p Islington BC [1997] JR 121 at 126 and 128 – 129;
  • Tweed v Parades Commission [2006] UKHL 53; [2007] 1 AC 650.

In this podcast Samantha Broadfoot, a barrister from Landmark Chambers discusses disclosure in judicial review.

Date Recorded: 15th October 2013

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