Transparency and Judicial Review: An Empirical Study of the Duty of Candour

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 decisionmaking systems in public administration. Further, as outlined by submissions to the Independent Review of Administrative Law panel, 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, it has received surprisingly little scholarly study. This report responds to this evidence gap. It outlines the findings from a detailed study capturing how the duty of candour is operating in practice.