Duty of Candour and the courts approach to disclosure in proceedings

Duty of Candour and the courts approach to disclosure in proceedings pt 1
Researchers involved in a Nuffield Foundation funded empirical study on judicial treatment of the duty of candour will present their findings.

The study captured information on the operation of the duty, including outcomes in relation to candour issues; which (if any) consequences for a breach of the duty judges most commonly use; and the types of disclosure that the courts have required of parties to comply with the duty. They will also reflect on the overlap between candour issues and grounds of review, and the duty to preserve a public record.

  • Dr Elizabeth A. O’Loughlin, Durham Law School (Chair)
  • Cassandra Somers-Joce, MPhil (Law) Candidate, University of Oxford and Visiting Lecturer in Public Law, King’s College London
  • Gabriel Tan, Wilsons LLP

Slides

Duty of candour and the courts approach to disclosure in proceedings pt 2
When does the duty of candour apply and what does it mean to say that it is a ‘..very high’ duty and how should litigators approach failures leading to a breach of the duty? Our speakers will address recent and relevant cases, including the case of HM (the migrant phone seizures case), part 18 requests for further information relevant to a claim (Afghan migrant cases) and the overlap between private a public remedies when breaches of public law duties occur.

  • Gabriel Tan, Wilsons LLP (Chair)
  • Tom Hickman KC, Blackstone Chambers
  • Anneli Howard KC, Monckton Chambers
  • Clare Jennings, Gold Jennings Solicitors
  • Sonali Naik KC, Garden Court Chambers

Slides

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