Key Facts
- •Dr Linda Derrick (Appellant), a councillor for Hughenden Parish Council, requested legal advice from BP Collins regarding the validity of leases between the Council and Hughenden Community Support Trust (HCST).
- •The Council refused the request citing legal professional privilege (s.42 FOIA).
- •The Information Commissioner (Respondent) upheld the Council's refusal, balancing public interest in maintaining legal professional privilege against public interest in disclosure.
- •The Appellant appealed, arguing her status as a councillor entitled her to access the advice.
- •The Tribunal acknowledged that FOIA disclosure is to the public at large, not just the requester.
Legal Principles
Legal professional privilege protects confidential communications between a lawyer and client.
Freedom of Information Act 2000 (FOIA), Section 42
Section 42 FOIA is a qualified exemption; the public interest in maintaining the exemption must be balanced against the public interest in disclosure.
FOIA, Section 2(2)(b)
The in-built public interest in non-disclosure under legal professional privilege carries significant weight.
DBERR v O’Brien v IC [2009] EWHC 164 QB
FOIA disclosure is to the world at large; the public authority cannot restrict further dissemination.
Office of Government Commerce v Information Commissioner [2010] QB 98
Outcomes
Appeal dismissed.
The Tribunal found that the public interest in maintaining legal professional privilege outweighs the public interest in disclosure, even considering the Appellant's status as a councillor. Disclosure under FOIA would mean public dissemination, not just access for the councillor.