Candour, Disclosure and Cross-Examination digging for truth in judicial review - FULLY BOOKED

Date: Thursday 26 April 2012

Time: 18:30 to 20:00

Venue: 53-54 Doughty Street, London, WC1N 2LS

Speakers: Judith Farbey QC, Mark Henderson

CPD: 1.5 Points

Fee: Free

Doughty Street's Public Law seminar series continues with 'Candour, Disclosure and Cross-Examination :digging for truth in judicial review'. 

This seminar will cover the following topics: 

Duty of candour and disclosure

  • Relying on the duty of candour to obtain documents and information before and during JR proceedings.
  • The expanding right to disclosure of documents in JR, over and above the duty of candour.
  • Focussed applications for disclosure, and dealing with refusals to disclose and concerns that disclosure is incomplete.
  • Using the Treasury Solicitor's Guidance to obtain information and documents.
  • Inadequate searches, pursuing electronic documents, and obtaining documents from government departments not named as defendants.
  • Tactical considerations in making disclosure applications - will it bolster your case or backfire?
  • Forcing the Defendant to comply, including seeking orders for disclosure statements, cross-examination as to adequacy of disclosure, indemnity costs, and contempt of court.
  • Routes to obtaining relevant documents and information outside the proceedings - FOI & DPA requests & PQs.


  • When is it appropriate in law and practice?
  • Why is it unusual in JR cases?
  • Case law examples.
  • What are you hoping to achieve?
  • Tactical considerations - will you like what you hear!


  • When can information be withheld, what is the law?
  • Who decides and who gets to see the information.
  • In camera proceedings.
  • How to challenge.
  • When will lack of disclosure make proceedings unfair and incompatible with Art 6, ECHR/ Art 47, EU Charter of Fundamental Rights ?
  • When will the use of special


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