The duty of the candour imposes fundamental responsibilities on both Claimants and Defendants in judicial review cases as well on third parties.[1]  The English courts have evolved detailed principles to govern litigants, as those jurisdictions which are subject to the Privy Council.

Importantly, however, in  National Bank of Anguilla v Chief Minister of Anguilla the Privy Council recently decided that Defendants breached the duty of candour- even though leave (or permission) for judicial review had not yet been granted.[2]  This decision binds the Courts subject to the Privy Council’s jurisdiction and (although not binding) is of great weight and persuasive value to the English Courts.[3]  National Bank of Anguilla, therefore, provides a timely opportunity to examine the nature and effect of the duty of candour.

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