Thomas Foster v The Information Commissioner
[2024] UKFTT 41 (GRC)
Anthony Carroll v The Information Commissioner
28 October 2024
[2024] UKFTT 932 (GRC)
First-tier Tribunal
Someone requested legal advice about a collapsed bridge. The council said no, citing lawyer-client confidentiality. The courts agreed because keeping secrets between lawyers and clients is very important, even if public money was involved.
Key Facts
- •Mr. Carroll requested legal advice from Rhonnda Cynon Taf County Borough Council (RCT) relating to the collapse of a dormice bridge, under the Freedom of Information Act 2000 (FOIA), treated by RCT as an EIR request.
- •RCT withheld the information citing legal professional privilege (LPP) under EIR 12(5)(b).
- •The Information Commissioner upheld RCT's decision.
- •Mr. Carroll appealed, arguing the summary of the advice was already public and the public interest favored disclosure due to significant public funds involved.
- •The Tribunal had access to the withheld legal advice (Closed Bundle) but Mr. Carroll did not.
Legal Principles
Environmental Information Regulations 2004 (EIR) govern requests for environmental information, with a presumption in favor of disclosure subject to exceptions.
EIR
Legal professional privilege (LPP) is a significant exception under EIR 12(5)(b) ('the course of justice'). Disclosure of legal advice is only waived if the substance, not just the effect, is already public.
EIR 12(5)(b), DCLG v Information Commissioner & WR (2012) UKUT 103 (AAC)
The Tribunal's role is to determine if the Commissioner's decision was lawful or if discretion was wrongly exercised (Section 58 FOIA).
Section 58 FOIA
Outcomes
Appeal dismissed.
The Tribunal found that the legal advice was protected by LPP, which had not been waived, and that the public interest in maintaining LPP outweighed the public interest in disclosure.