THE DEFENDANT SHOULD NOT PICK AND CHOOSE THE EVIDENCE IT PUTS BEFORE THE COURT: A WITNESS STATEMENT BREACHED THE DUTY OF CANDOUR OWED: WHAT YOU LEAVE OUT CAN SOMETIMES BE MORE IMPORTANT THAT WHAT YOU PUT IN…

In this case the judge was critical of the defendant's phrasing of a witness statement.   A party to judicial review proceedings owes a duty of candour to the court. A statement by a council employee that "no substantive response" had been received was potentially misleading in that a reply had been...