Duty of candour meaning

Defending a claim for judicial review-checklist This checklist highlights the principal points for defendants facing judicial review proceedings generally. It also offers supplementary guidance where proceedings are to be brought in the Upper Tribunal (UT). On receipt of a pre-action protocol letter Confirm that the intended claim falls within the UT’s jurisdiction. If you consider it does not, make this clear in your pre-action response to the proposed claimant. Considering whether the case is properly defensible and whether it is cost-effective to contest, issue a response within 14 days (unless a shorter, properly requested timeframe has been set by the proposed claimant). Review the documents and information sought in the pre-action letter and observe the duty of candour when providing any material. On receipt of the claim form Check whether the claim has been issued in the High Court or the UT. Consider whether the claim must be, or could appropriately be, brought in the UT...

In this issue: Public Law case law quarterly Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights Information law Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&A Useful information Public Law case law quarterly Public Law case law quarterly—Q1 2024 The Lexis+® Public Law team’s quarterly round-up presents key decisions and commentary from the last quarter. This issue features: a Court of Appeal ruling examining how redaction aligns with the duty of candour in judicial review; a Scottish judgment on when courts may refuse to give effect to a statutory provision; and a significant procurement case clarifying the threshold of ‘sufficiently serious’. See News Analysis: Public Law case law quarterly—Q1 2024... Brexit SIs Pressure Equipment (Safety) (Amendment) Regulations 2024 SI 2024/490: Made under...

In this issue: Public procurement Governance Social housing Education Children's social care Social care Planning Daily and weekly news alerts New and updated content Public procurement Cabinet Office publishes first suite of Procurement Act 2023 guidance documents The Cabinet Office has issued an initial tranche of guidance on the Procurement Act 2023 (PA 2023). Designed to offer technical support, the materials explain interpretation and application of PA 2023, and are directed at procurement practitioners and commercial policy leads within contracting authorities. Each document should be read alongside PA 2023 and the related regulations. The Cabinet Office confirms a staggered release, aiming to complete the full set by June 2024. The Procurement Regulations 2024 have likewise been released in final form for Parliamentary debate. These draft regulations include the amendments flagged in the government’s consultation response issued on 22 March 2024. Separate guidance for devolved Welsh authorities will be issued by the Welsh Government in...

In this issue Key developments UK immigration control: how it works Sponsored work Work sponsorship: sponsors Students EU law rights and EU settlement Challenging immigration decisions and enforcement Preventing illegal working Daily and weekly news alerts New and updated content New Q&As Key developments Future developments—Immigration calendar Our Immigration calendar sets out key forthcoming developments for business immigration advisers. UK immigration control: how it works IHS rises to come into force from 6 February 2024 The Immigration (Health Charge) (Amendment) Order 2024, SI 2024/55, was made on 16 January 2024. Under article 1(2) of the Order, it comes into effect 21 days later, on 6 February 2024. The measure increases the Immigration Health Surcharge from £470 to £776 per annum for students, their dependants, Youth Mobility Scheme applicants and children under 18. For all other applications that must pay the Health Charge, the annual IHS rises from £624 to...

This Practice Note addresses the NHS complaints process, the governing legislation, local resolution and Ombudsman-led independent review, matters relating to private patients, and the Care Quality Commission. The NHS complaints procedure Often, what patients want most is a clear explanation of any failings, a sincere apology, and a commitment that similar errors will not recur, which can outweigh a desire for compensation. Grievances may involve misdiagnosis, poor communication by clinicians, delays, inaccurate or misleading advice, and numerous other examples of substandard care or absence of treatment. The NHS complaints route should be the initial step. Without good reason, failure to use it first may result in Legal Aid or Before the Event (BTE) funding being refused. The scheme applies to concerns about services delivered by, or paid for by, NHS organisations or primary care practitioners—namely hospitals, GPs, dentists, opticians and pharmacists. There are two stages to the process: local resolution independent review If financial compensation is required,...

Power to bring a private prosecution A private prosecution is initiated by an individual, company or organisation acting independently of the police, the Crown Prosecution Service (CPS) or any other public prosecuting body. Section 6(1) of the Prosecution of Offences Act 1985 (POA 1985) safeguards the ability of a private person to commence and run criminal proceedings. A broad spectrum of offences is routinely pursued through such actions, often by specialist bodies and charities. Notably, the courts have repeatedly acknowledged this as a significant right within the justice system. Charities, including the Royal Society for the Prevention of Cruelty to Animals (RSPCA), bring cases privately. Organisations such as the Federation against Copyright Theft and the British music industry pursue misuse of intellectual property through private prosecutions. The Financial Conduct Authority (FCA) has also exercised this route, acting in the capacity of a private individual to prosecute matters outside its direct statutory remit (see R v Rollins). Taken together, these examples illustrate...

This Practice Note summarises the principal legal updates relevant to personal injury and clinical negligence practitioners as at 2 March 2026, aimed at assisting current practice. For earlier developments, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI & clinical negligence developments Eighteenth edition of the Judicial College Guidelines due The 18th edition of the Judicial College Guidelines (JCG) will be released on 9 April 2026. The Lexis+® UK PI & Clinical Negligence team will refresh the JCG link within our Key Resources on the Lexis+® UK PI & Clinical Negligence homepage, together with all connected materials. Law Society publishes practice note on conduct of litigation following Mazur v Charles Russell Speechlys Following the High Court’s decision in Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB), the Law Society has issued guidance for solicitors, law firms and legal businesses to ensure that only individuals authorised under the Legal Services Act 2007 undertake the conduct of litigation...