An economic operator’s standing to bring a claim – High Court dismisses largest procurement damages claim
11 August 2023
Insight Hub
7 August 2023
Unlike in most civil claims, the parties in judicial review proceedings are usually not required to give standard disclosure, unless the court orders otherwise. However, judicial review proceedings are different. In judicial review litigation, parties are subject to a ‘duty of candour’ which requires them to co-operate and make candid disclosure of the relevant facts…
Read more2 August 2023
Introduction Under section 123 of the Local Government Act 1972 (the “1972 Act”), local authorities enjoy the power to dispose of land in their possession. Judicial review challenges of decisions to dispose of land using this power are nothing new. However, what is noteworthy is the growing frequency and intensity of these challenges. R (Cilldara)…
Read more14 July 2023
Introduction Since their introduction in 2016, cost capping orders (“CCOs”) have become an established feature of ‘public interest’ judicial review litigation. Invariably, in non-environmental judicial review claims, campaigning groups will seek a CCO as way of limiting a claimant’s potential cost liability to the other parties (principally the defendant) in the dispute. In R (All-Party…
Read more11 July 2023
Introduction The general principles concerning the duty of candour are clear and well-established: A public authority defendant in judicial review proceedings has a duty “to co-operate and to make candid disclosure by way of affidavit of the relevant facts and (so far as they are not apparent from contemporaneous documents which have been disclosed) the…
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