Judicial Review in England and Wales: Evidence, Duty of Candour and Disclosure - A Practitioner Checklist from Pre-action to Appeal

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Checklists

Checklist: evidence and disclosure in judicial review

This Checklist highlights core points on evidence and disclosure that parties should address before and during judicial review. It is a launch pad, not a comprehensive guide. Parties must continually monitor applicable deadlines and procedural rules. See Practice Note: Judicial review-time limits and the pre-action protocol.

Party Action Considerations and steps

Claimant

Consider exercising statutory rights to information before writing a letter before claim

Prior to sending a letter before claim, a claimant may obtain information from a public body under the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR) (where they are the data subject), the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004, SI 2004/3391 (for environmental matters). For more detail, see:

Data protection regime-overview
Freedom of information-overview
Environmental information regulation-overview

Seek pre-action disclosure

At the pre-action stage, claimants may seek information and documents where the request is proportionate and confined to what is required to understand the impugned decision (see: Pre-Action Protocol for Judicial Review, para 13). Any such material should be requested in the letter before claim with an explanation as...

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Dervla Simm

Hogan Lovells

Dervla typically acts for companies operating in heavily-regulated industries where the private and public law worlds interact. Her clients include transport providers, tobacco manufacturers and oil and gas companies. Dervla recognises that her clients have to find a way to operate profitably in the face of increasingly burdensome regulation and works with them in their engagement with government and regulators to shape policy and regulation to assist their businesses. As a starting point, Dervla provides her clients with pragmatic legal advice on issues such as UK and EU legislation, commercial human rights, and information rights. But this is just one part of her role. Dervla knows that getting the best for her clients often means combining quality legal advice with smart, timely discussions with governmental and regulatory bodies. By engaging early in this way, her clients are often able to head off issues before they...

Web page updated on 03/06/2026

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