Jonathan Lewis – Lexis®PSL – Duty of Candour—What’s In A Name? (R (IAB) v SSHD)

09 Jan 2024

Public Law analysis: The claimants challenged a decision by the Secretary of State for Levelling Up, Housing and Communities to make the Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023 (the ‘2023 Regulations’). The defendants served three tranches of disclosure, containing redacted documents. In an interim judgment, Mr Justice Swift held that in judicial review proceedings, absent good reason to the contrary, redaction on grounds of relevance alone ought to be confined to clear situations where the information redacted does not concern the decision under challenge (at para [22]). He held that it was not permissible for the Secretaries of State, as a matter of routine, to redact the names of civil servants outside the Senior Civil Service from documents disclosed in proceedings. Written by Jonathan Lewis, barrister at Monckton Chambers.

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This article was first published by LexisNexis on 19 December 2023.