header-logo header-logo

11 January 2007
Issue: 7255 / Categories: Case law , Law digest
printer mail-detail

Judicial review

Tweed v Parades Commission for Northern Ireland [2006] UKHL 53, [2006] All ER (D) 175 (Dec):

The House of Lords considered disclosure and inspection of documents in judicial review proceedings.

Held: It is desirable to substitute a more flexible and less prescriptive principle, which judges the need for disclosure in accordance with the requirements of the particular case.

The time has come to do away with the rule that there has to be a demonstrable contradiction or inconsistency in the respondent’s affidavit before disclosure will be ordered. It will not arise in most applications for judicial review, since they generally raise legal issues which do not call for disclosure of documents.

For that reason the courts are correct in not ordering disclosure in the same routine manner as it is given in ordinary civil procedure. Even in cases involving issues of proportionality, disclosure should be carefully limited to the issues which require it in the interests of justice.

Disclosure orders are therefore likely to remain exceptional in judicial review proceedings, even in proportionality cases, and the courts should continue to guard against what appear to be merely ‘fishing expeditions’ for adventitious further grounds of challenge.

Parties seeking disclosure should specify the particular documents or classes of documents they require. Confidentiality, on its own, does not prevent an order for disclosure if the interests of justice require it and there is no public interest which required that the documents should not be disclosed.

Issue: 7255 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll