Source: All England Reporter
Publisher Citation: [2002] All ER (D) 450 (Oct)
Neutral Citation: [2002] EWCA Civ 1409
Court: Court of Appeal, Civil Division

Aldous, Laws and Jonathan Parker LJJ

Representation David Vaughan QC and Randolph Fergus (instructed by Thomas Cooper & Stibbard) for the claimant.
  Kenneth Parker QC and Daniel Beard (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 30 October 2002


Fisheries - Sea fishing - Licence to fish - Patagonian toothfish - Grounds for refusal of grant of licence - South Georgia and South Sandwich Islands Order 1985, s 5 - Fisheries (Conservation and Maintenance) Ordinance 1993, s 4(2), (5).

The Case

Whilst there was no duty of general disclosure in judicial review proceedings, there was a very high duty on public authority defendants, not least central government, to assist the court with full and accurate explanations of all the facts relevant to the issue the court had to decide. Where the court had not been given a true and comprehensive account, but had had to tease the truth out of late discovery, it might be appropriate to draw inferences against the defendant upon points which remained obscure.

Practice Areas

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