Jurisdiction(s):
United Kingdom

Key definition

Duty of candour definition

What does Duty of candour mean? A requirement on healthcare providers to be open and transparent with patients (and, where appropriate, their representatives) about care and treatment, particularly when something has gone wrong and caused, or could cause, significant harm. In legal practice this term commonly refers to statutory duties and related regulatory and professional obligations. England: a statutory duty of candour under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 applies to all registered providers carrying on regulated activities. When a “notifiable safety incident” occurs, providers must promptly inform the relevant person, explain what happened and what will be done,...

Judicial review and the duty of candour: disclosure expectations, public authority and solicitor responsibilities, and consequences of breach in England and Wales

Published by a LexisNexis Public Law expert

Practice notes

In Judicial review, noting that a document exists or once existed is usually achieved by the Duty of candour, not by a formal disclosure process.

Default lack of formal disclosure and inspection exercise

By default there is no formal disclosure; it is not required unless the court directs otherwise. This is because judicial review turns on the legal consequences of mostly agreed facts; the court does not resolve factual disputes; and all sides owe a duty of candour to the court, so separate “disclosure” is unnecessary (though in practice the outcome is often similar). The same approach applies to judicial review, statutory reviews and appeals in the Administrative Court. The court retains a broad discretion to order disclosure, but that power will be exercised sparingly.

General duty of candour

All parties to judicial review are under a general duty of candour requiring them to reveal the necessary facts and information and to ensure these are put before the court so the issues can be determined fairly. This duty binds the claimant and any interested parties, as well as the defendant. Proper Compliance with the duty of candour should result in sufficient disclosure. The duty...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Adam Heppinstall

Henderson Chambers

Adam is a common law/commercial Barrister with a very wide range of clients and specialisms. As Junior Counsel to the Crown since 2004 he has advised and represented a very large number of public bodies on a range of issues. These include local authorities, housing associations, charities, social enterprises and relating organisations. He also advises (where there is no conflict) companies and businesses contracting or otherwise interacting with public bodies, whether in relation to procurement, information law or general contractual issues. His practice covers public, regulatory and information law as well as personal injury, employment and more general commercial law issues. He has environmental, health & safety, trading standards, inquests, flooding and water drainage, chemical and pharmaceutical and traffic commissioner regulatory experience. He has appeared in most Chambers of the First-tier and Upper Tribunals. The Legal 500 describe Adam as “Very much a silk in...

Jack Castle

Henderson Chambers

Jack is a barrister at Henderson Chambers specialising in commercial, financial services, product liability, employment, procurement, environmental and public law. He acts for claimants and defendants in both individual and group claims.Before entering private practice Jack was a Visiting Lecturer in European Law at City Law School, University of London....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...