Duty to Disclose in UK Law

Leading Cases
  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 December 1931

    There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.

  • British Midland Tool Ltd v Midland International Tooling Ltd
    • Chancery Division
    • 12 March 2003

    A director's duty to act so as to promote the best interests of his company prima facie includes a duty to inform the company of any activity, actual or threatened, which damages those interests. A director who wishes to engage in a competing business and not to disclose his intentions to the company ought, in my judgment, to resign his office as soon as his intention has been irrevocably formed and he has launched himself in the actual taking of preparatory steps.

  • Conlon v Simms
    • Chancery Division
    • 09 March 2006

    But there is authority, including very strong persuasive authority, for the existence of such a duty.

  • R v Brown (Winston)
    • Court of Appeal (Criminal Division)
    • 23 February 1995

    However, in a criminal case, the Crown is under a duty to give disclosure of significant material which may affect the credibility of a prosecution witness. The most important illustration is, however, the rule that the prosecution is obliged to disclose previous convictions of a prosecution witness. In an important judgment in Wilson v. Police [1992] 2 N.Z.L.R. 533, the Court of Appeal of New Zealand considered what convictions of a prosecution witness must be disclosed.

  • AIC Ltd v ITS Testing Services (UK) Ltd; The Kriti Palm
    • Court of Appeal (Civil Division)
    • 28 November 2006

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 June 1973

  • Banque Financiere de la Cite S.A. (formerly Banque Keyser Ullmann S.A.) v Westgate Insurance Company Ltd (formerly Hodge General & Mercantile Company Ltd); Banque Keyser Ullmann S.A. v Skandia (U.K.) Insurance Company Ltd
    • House of Lords
    • 19 July 1990

    The duty is, however, limited to facts which are material to the risk insured, that is to say, facts which would influence a prudent insurer in deciding whether to accept the risk and, if so, upon what terms and a prudent insured in entering into the contract on the terms proposed by the insurer.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... professional, or(b) by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law ... (2) In Article ... Commissioner's staff or an agent of the Commissioner, must not disclose information which—(a) has been obtained by, or provided to, the ... ...
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • January 01, 2010
    ... ... in the United Kingdom but has not been returned to prison, any duty or power of the Scottish Ministers under section 1(1) , 1AA or 3 is ... (3) The person commits an offence if the person does not disclose to a constable—(a) the person's knowledge or suspicion, and(b) the ... ...
  • The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ... ... bodies” means—(a) a body prescribed under section 42(1) (a) M7 (duty to consult) and listed in column 1 of the table set out in Schedule 1 to ... the disclosure of information which is exempted from the duty to disclose environmental information under the Environmental Information Regulations ... ...
  • Wales Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... of the Finance Act 2003 unless section 16 (disapplication of UK stamp duty land tax) has effect in relation to that transaction ... 16: ... by section 15) , after section 116L insert—(116M) Duty to disclose information on Welsh land transactions to HMRC“(1) A person who is a ... ...
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Books & Journal Articles
  • Duty of Employers to Disclose Breaches of Contracts: BCCI v Ali and Others
    • No. 6-4, February 1999
    • Journal of Financial Crime
    • 359-361
    In BCCI v Ali, the court was faced with the question whether an employer is under a duty to disclose breaches of contract where they may give rise to risks to the physical, financial and psychologi...
  • Disclosure in Scottish Criminal Procedure: Another Step in an Inquisitorial Direction?
    • No. 11-3, July 2007
    • International Journal of Evidence & Proof, The
    • 0000
    This article describes the recent development of a common law doctrine of disclosure in Scottish criminal procedure when, as little as 10 years ago, the prosecution had no legal duty to disclose an...
    ... ... when, as little as 10 yearsago, the prosecution had no legal duty to disclose any information to thedefence prior to trial. Further, it is ... ...
  • Disclosure and HIV Transmission
    • No. 79-6, December 2015
    • Journal of Criminal Law, The
    • 0000
    This paper examines the various approaches to disclosure of HIV infected status identified by the Law Commission in its Scoping Consultation Paper on Reform of Offences against the Person. It argue...
    ... ...  the Person. It argues against the imposition of a general duty to disclose in all circumstances, and ... ...
  • Part 2: The law: an overview (Sub‐group 2: Impact of the initiatives against terrorist property on banks and financial institutions)
    • No. 6-3, July 2003
    • Journal of Money Laundering Control
    • 217-232
    Summarises UK legislation, including the duty to disclose information regarding the main offence, obtaining information and evidence by search and seizure, customer information orders, and account ...
    ... ... law underthe following headings: (1) main oences, (2) dutyto disclose information regarding the main oences,(3) obtaining information and ... TO DISCLOSE INFORMATIONREGARDING THE MAIN OFFENCEIntroductionThe duty to disclose information regarding terroristoences is nothing new, ... ...
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Law Firm Commentaries
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Forms
  • Make a standard disclosure of documents to the court
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... required to disclose under the order made by the court on (date of order) ... I did not search ... I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that ... ...
  • List of documents: Standard disclosure (Chancery Division Financial List)
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... (I am or here name the party is) ... required to disclose under (the order made by the court or the agreement in writing made ... 5. (I/We) certify that (I/we) understand the duty of disclosure and to the best of (my/our) knowledge ... (I have or ... ...
  • List of documents
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... here name the party is) ... required to disclose under (the order made by the court or the agreement in writing made ... 5. (I/We) certify that (I/we) understand the duty of disclosure and to the best of (my/our) knowledge ... (I have or ... ...
  • Standard disclosure (Commercial Court Financial List): Form N265(CCFL)
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... (I am or here name the party is) ... required to disclose under (the order made by the court or the agreement in writing made ... 5. (I/We) certify that (I/we) understand the duty of disclosure and to the best of (my/our) knowledge ... (I have or ... ...
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