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The article discusses the chilling effects that might be associated with the imposition of liability on public authorities (PAs) in places such as Canada, Great Britain, and the U.S., focusing on issues related to the adoption of defensive practices by PAs, as well as tort laws and legal exceptions for the discretionary activities of PAs. According to the article, a "chilling effect" occurs when PAs make unnecessarily delayed and overly cautious decisions. Due care legal standards are examined.

The article discusses the duty of candour as applied to third parties in Great Britain. It states that there are no formal disclosure obligations on parties to judicial review proceedings, but they are required by courts to have a duty of candour. It notes that third parties only have the duty of candour when they are acting akin to a partner in a project with the defendant public authority. Third parties are seen to have an active role and have the material that is relevant to the proceedings. The courts may recognise the benefits of the contribution of interested parties in the proceedings and may award costs even if they are not entitled to receive.