Transparency and Judicial Review: An empirical study of the duty of candour

Page Contents:

• Project Summary
• Project Team
• Project Outputs
• Events

Project Summary

This empirical study, funded by the Nuffield Foundation, examines the duty of candour in judicial review proceedings.

In England and Wales, all parties to judicial review proceedings are under a general duty of candour. This requires them to provide a full and accurate explanation of all facts relevant to the review. However, the duty of candour is under strain due to a variety of pressures, including:

• changing litigation practices
• the use of digital technology and remote working in government decision making
• and rising reliance on complex decision-making systems in public administration.

There is an ongoing conversation about reform of the duty of candour, as evidenced by remarks made by the Independent Review of Administrative Law panel. However, there has not been a detailed study of how the duty of candour works. There is a risk that reforms could be implemented with an insufficient evidence base. This project aims to address this evidence gap. It identifies:

• What is the law on the duty of candour?
• What views are there on the operation of the duty?
• What changes to the duty might be required, including responding to evolving litigation trends and government decision-making practices?

More information about the project can be found on the Nuffield Foundation Website

Find out more about the Nuffield Foundation

Project Team

Principal Investigator

Dr Elizabeth A. O’Loughlin

• Associate Professor in Public Law and Human Rights
• Durham Law School
• elizabeth.a.o'loughlin@durham.ac.uk 

Graduate Research Associate

Cassandra Somers-Joce

Graduate Research Associate

Gabriel Tan

Project Outputs

Journal Articles, Blog Posts, Reports and Briefing Papers

Journal Articles

• E.A. O’Loughlin, ‘Government’s Duty of Candour: On the Move?’ (2023) Public Law 567-586 
• C. Somers-Joce and E.A. O’Loughlin, ‘Recent Judicial Perspectives on the Duty of Candour’ (2023) 28(3) Judicial Review 155-163
• G. Tan, ‘Using the duty of candour as a judicial review caseworker’ (2023) Judicial Review 28(2) 78-86

Blog Posts

• A. O’Loughlin, C. Somers-Joce and G. Tan, ‘Fordham’s Ten Principles of the Duty of Candour in Judicial Review’ (Essex Constitutional and Administrative Justice Institute Blog, 2023): https://essexcaji.org/2023/08/16/fordhams-ten-principles-of-the-duty-of-candour-in-judicial-review/
• A. O’Loughlin, G. Tan and C. Somers-Joce, ‘The Duty of Candour in Judicial Review: The Case of the Lost Policy’ (UK Constitutional Law Association Blog, 2022): https://ukconstitutionallaw.org/2022/12/07/elizabeth-a-oloughlin-gabriel-tan-and-cassandra-somers-joce-the-duty-of-candour-in-judicial-review-the-case-of-the-lost-policy/
• Tan, ‘What is the duty of candour?’ (Free Movement Blog, 2022): https://freemovement.org.uk/what-is-the-duty-of-candour/

Reports and Briefing Papers

• O'Loughlin, 'Transparency and Judicial Review: An Empirical Study of the Duty of Candour' (2024), O'Loughlin, Transparency and Judicial Review (PDF, 644KB)
• E.A. O’Loughlin, ‘Transparency and Judicial Review: An Empirical Study of the Duty of Candour Supplementary materials’ (2024), Candour-Supplementary Document (PDF, 620KB)

Events

Join us for the report launch of the Transparency and judicial review: an empirical study of the duty of candour, funded by the Nuffield Foundation: 7 October 2024

• https://www.durham.ac.uk/departments/academic/law/news-and-events/events/2024/october/webinar-transparency-and-judicial-review-a-study-of-the-duty-of-candour---report-launch/

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