Duty of Candour & the 'Hillsborough Law'
I am no lawyer: but I am very interested in the ‘Duty of Candour’ principle. How far, one wonders, will it extend beyond follow-up after “emergency situations” and actions thereupon by the authorities, which seems to be the application for which it is being discussed.
Where I’ve encountered it before [in my Energy interests] is its application in Judicial Reviews. The principle is that, inevitably, the authorities enjoy a vast disparity of knowledge and information in such cases, and are required to cough it up, even to the extent of revealing advice given and received between officials and their counsel.
I can tell you, it puts the wind up civil servants and ministers – one of the reasons they have been trying to get the courts to be stricter over what gets heard under JR (as predicted here years ago).
Now of course we know that Whitehall etc have long found ways to live with FOI, so as not to have it cramp their style. But it still does, to some extent. Even so, FOI and JR notwithstanding, Whitehall and others still frequently dissemble, nay sometimes lie through their teeth, in official pronouncements.
So – just how much more comprehensive will be the scope of Duty of Candour following the passage of the Hillsborough Law? And how will we be able to invoke it against the bastards?
ND
Source: http://www.cityunslicker.co.uk/2025/09/duty-of-candour-hillsborough-law.html
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