Court
AG’s Chambers Fluffed Disclosure
Richard Wright KC review of the DHSC’s handling of the Dr Ranson tribunal has been published today
The management of disclosure by the Attorney General’s Chambers in the Dr Ranson case was far from the level it should have been, a report has found.
Richard Wright KC review of the DHSC’s handling of the Dr Ranson tribunal has been published, having so far cost taxpayers £320,000.
He found that the failures in disclosure, which were widely reported at the time, were the ‘most significant factor in the negative outcome of the litigation from the perspective of the DHSC. The disclosure failings also had a significant effect upon Dr Ranson and her mental health’.
The investigation has also revealed a failure by the DHSC and the AG’s Chambers to conduct regular strategic reviews of the litigation as it happened.
In response to his findings, Mr Wright has recommended that a triage system be implemented for all claims which Chambers is instructed to ‘ ensure that an appropriate level of resource and experience is allocated to every case’.
He added: ‘That system should identify claims that are high profile, are likely to engage a significant disclosure exercise, or carry with them a risk of reputational damage to the instructing department or the wider government.’
During the course of the tribunal, the DHSC appointed CallinWild to represent it, Mr Wright has said that this should be considered in any cases where Chambers is unable to allocate sufficient resources.
He added: ‘High risk or high value litigation should be recorded in a risk register and subjected to regular review by a senior litigator in Chambers on a regular basis. When necessary and appropriate this process of regular review should engage the client Department.’
And in a sign of good news for lawyers everywhere, Mr Wright has said as the volume of litigation, particularly around employment, is likely to increase, it is ‘essential that Chambers is properly resourced and able to provide high quality legal advice and services to government’.
Litigation
On the subject of future litigation, he said that formal written advice on disclosure should be provided by Chambers at an early stage in any litigation, while the management of the process shouldn’t be delegated but carried out by the litigator.
He has also advised compulsory training in disclosure obligations and functions should be introduced for all politicians and civil servants who may find themselves engaged in the disclosure process in the course of departmental or government litigation.
