Abstract:

In England and Wales, all parties to judicial review proceedings are under a general duty of candour, requiring them to provide a full and accurate account of all the facts and information relevant to the issue under review. However, the duty is under strain from a variety of pressures, including changing litigation practices, the use of digital technology and remote working in government

decision-making, and the rising use of complex decision-making systems in public administration. Further, there is uncertainty in legal doctrine and amongst practitioners over the parameters of the duty. Though the duty of candour is central to the operation of public law litigation in England and Wales, it has received surprisingly little scholarly study. This research responds to this evidence gap. It outlines the findings from a detailed study capturing how the duty of candour is operating in practice, based on a systematic case study of 322 judicial review cases on the duty of candour in judicial review, followed by 19 in-depth interviews and a focus group with public law practitioners.