Disclosure and FOIA for Regulators and the Regulated
14 May 2010
Share
This paper focuses on the duties of disclosure on regulators in claims for judicial review. Once upon a time, there may have been a golden age. Orders for disclosure were viewed as unnecessary except in the rarest of cases. The duty of candour could be relied on to produce full and frank evidence setting out the relevant facts. The parties would conduct litigation “with all the cards face up on the table” and the Court would accept the contents of an affidavit from an official setting out the relevant events without question. If this golden age ever existed, it has now gone.
