Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will take steps to require public authority respondents in Judicial Review hearings to confirm compliance with the duty of candour at Permission Stage.

The duty of candour is a well-established principle in judicial review, and its application is clearly set out in the Administrative Court’s Judicial Review Guide.

The duty of candour applies at all stages of judicial review proceedings. This duty requires all parties to ensure that relevant information is put before the Court, whether it supports or undermines their case. There is a particular obligation on public authorities to ensure that this duty is fulfilled given they are engaged in a common enterprise with the Court to fulfil the public interest in upholding the rule of law.

At the permission stage, public authorities are required to identify any material facts, highlight any matters of factual dispute and provide a summary of the reasoning underlying the measures in question. The Court can take into account a lack of candour in deciding whether to grant permission.