Evidence and disclosure in judicial review proceedings―checklist

Produced in partnership with Dervla Simm of Hogan Lovells

Checklists

Evidence and disclosure in judicial review proceedings―checklist

Produced in partnership with Dervla Simm of Hogan Lovells

Checklists

This Checklist considers some of the key issues around evidence and disclosure that parties should consider before and during judicial review proceedings. It is intended to provide a starting point and is not exhaustive. Parties should keep in mind the relevant time limits and procedural requirements throughout. 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	Before writing a letter before claim, a claimant may be able to seek information from a public authority 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 (on environmental matters). For further information, see: —Data protection regime—overview —Freedom of information—overview —Environmental information regulation—overview
Claimant	Seek pre-action disclosure	Claimants can request information and documents at the pre-action stage provided the request is proportionate and limited to what the claimant needs to understand the decision they

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 become problems, avoiding the time and costs associated with litigation. Dervla also guides her clients on how to use their interactions with public bodies to tee-up legal arguments when it looks like litigation is likely to be the best or only option. Where litigation is part of a client's strategy, Dervla has experience in acting on a range of contentious matters, including in commercial judicial reviews and information rights appeals.

Jurisdiction(s):

United Kingdom

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