30/01/2025 - 18h00 > 20h00
2024 - 2025 Conférence IDCEL
Salle 102 | Manufacture des Tabacs, 6 rue du Pr. Rollet, Lyon 8e
[ Salle 102 ]
Carte blanche à Elizabeth O'LOUGHLIN, Associate Professor in Public Law and Human Rights à la Durham Law School
Sous la direction de Laurence FRANCOZ TERMINAL, Maître de conférences en droit privé et comparé, Directrice-adjointe de l'IDCEL, Université Jean Moulin Lyon 3
Résumé :
In England and Wales, all parties to judicial review proceedings are under a general duty of candour, requiring them to provide a full and accurate account of all the facts and information relevant to the issue under review. However, the duty is under strain from a variety of pressures, including changing litigation practices, the use of digital technology and remote working in government
decision-making, and the rising use of complex decision-making systems in public administration. Further, there is uncertainty in legal doctrine and amongst practitioners over the parameters of the duty. Though the duty of candour is central to the operation of public law litigation in England and Wales, it has received surprisingly little scholarly study. This research responds to this evidence gap. It outlines the findings from a detailed study capturing how the duty of candour is operating in practice, based on a systematic case study of 322 judicial review cases on the duty of candour in judicial review, followed by 19 in-depth interviews and a focus group with public law practitioners.
