192 being used as a stick to beat the DPC at the hearing. FBI did none of those things. It does not even appear to have pursued the issue in further correspondence. 419.
Having carefully considered the position, I am satisfied that there was no breach by
the DPC of its duty of candour in the defence of these proceedings. I do, however, believe that, acting within the spirit of what the Supreme Court stated in GRA (No. 2), all but one of the questions raised in the MHC letter of 29th October, 2020 should have been answered by the DPC. Its failure to so do, however, did not amount to a breach of the duty of candour. It was open to FBI to take further steps arising from the failure of the DPC to answer the question. Those further steps were not taken. Had the questions been answered and the information been provided, it may well have avoided the need for further affidavits to be exchanged after the hearing. 420.
It follows that I am not satisfied that there was any breach of a duty of candour and
that the failure to provide the information requested does not feed into or contribute in any way to the allegations of pre-judgment or premature judgment or any of the other grounds of challenge advanced by FBI. Nor is it necessary for me to draw any inferences from the failure to provide the information in response to the questions raised as the further affidavits exchanged between the parties after the hearing did yield that further information and I have set out my findings and conclusions arising from that information earlier in this judgment. I will hear further submissions from counsel as to what, if any consequences should follow from the findings and conclusions reached in this section of my judgment. 24. Abuse of Process/Improper Purpose 421.
In its statement of opposition, the DPC pleaded that FBI’s proceedings were an abuse
of process and were issued for an improper purpose (para. 19). The DPC provided particulars of that plea and referred to comments made by Mr. Clegg, Vice President for Global Affairs for Facebook Inc., at a European Business Summit debate/webinar on 22nd September, 2020
