Case No. EWHC-185-(Admin)
Administrative Court

Case No. EWHC-185-(Admin)

Fecha: 31-Ene-2023

“Rule 54.16—Evidence

10.1 In accordance with the duty of candour, the Defendants should, in their Detailed Grounds or evidence, identify any relevant facts, and the reasoning, underlying the measure in respect of which permission to apply for judicial review has been granted.10.2 Disclosure is not required unless the court orders otherwise.10.3 It will rarely be necessary in judicial review proceedings for the court to hear oral evidence. Any application under rule 8.6(2) for permission to adduce oral evidence or to cross-examine any witness must be made promptly, in accordance with the requirements of Part 23, and be supported by an explanation of why the evidence is necessary for the fair determination of the claim.”13.Disclosure is not automatic in judicial review claims but a duty of candour is imposed on both parties (see the Administrative Court Guide, at para. 6.4). There is also a duty on the Claimant’s shoulders to co-operate to allow an appropriate assessment if legitimately required by a Defendant in judicial review proceedings – see Croydon v Y [2016] EWCA Civ 398, at paragraphs 10 and 11 and the case of Starr [1977] 1 WLR 63.