Does Tweed signal a revolution in the approach
to disclosure in judicial review proceedings?
Charles Brasted investigates
The recent judgment of the House of Lords in Tweed v Parades Commission for Northern Ireland [2006] UKHL 53, [2006] All ER (D) 175 (Dec) again raises the question of when the disclosure of documents can be obtained in judicial review proceedings (see NLJ, 16 February 2007, p 257). While no definitive answer is to be found, this case does provide important guidance and arguably marks a further step away from the historically restrictive approach adopted by the courts in such proceedings, reinforcing the apparent—albeit nascent—trend towards the more frequent use of formalised dis-closure and inspection requirements in judicial review proceedings.
The restrictive approach
In contrast to the routine disclosure of documents in ordinary civil litigation, no such presumption applies to claims for judicial review. In short, the position under the Civil Procedure Rules is as follows:
- there is no requirement for a formal disclosure and inspection process unless the court orders otherwise;
- all parties are under a general ‘duty of candour’, requiring them to disclose all information
