Consultation: Duty of Candour

|Consultation

The Lord Chief Justice has issued a Discussion Paper by Mr Justice Cranston and Mr Justice Lewis, which considers the defendant’s duty of candour and disclosure in judicial review proceedings.

The Discussion Paper proposes reforms to CPR Practice Direction 54A in order to:

  • clarify the general position governing the defendant’s duty of candour and to ensure it more closely reflects the existing case law;
  • make provision for a specific directions procedure; and
  • provide guidance in respect of the content of any acknowledgement of service filed by a defendant.

The LCJ has invited any comments on the Discussion Paper’s recommendations to be submitted by 21 July 2016. Comments can be sent to dutyofcandour@judiciary.gsi.gov.uk or by post to: Duty of Candour Consultation, Master of the Rolls’ Private Office, Royal Courts of Justice, Strand, London WC2A 2LL.