Saha and Another, Regina (on The Application of) v Secretary of State for The Home Department (Secretary of State’s Duty of Candour): UTIAC 13 Jan 2017

UTIAC (I) It is impossible to overstate the importance of the duty of candour in judicial review proceedings. Any failings by the Executive in this respect threaten the guarantees upon which judicial review is founded and are inimical to the rule of law.
(II) A failure by the Executive to conduct judicial review proceedings with the necessary degrees of candour, efficiency and attention compromises the ability of its legal representatives to discharge their ethical and professional duties.
(III) All of the aforementioned duties are encompassed within an overarching obligation of good faith rooted in respect for the rule of law.
(IV) Failings of this kind may be reflected in various ways, including how the judicial exercise of discretion in the matter of costs is performed.


[2017] UKUT 17 (IAC)




England and Wales


Updated: 31 January 2022; Ref: scu.573291