Steven Thomas v Information Commissioner
[2023] UKFTT 1075 (GRC)
Dr Linda Derrick v Information Commissioner
18 May 2023
[2023] UKFTT 428 (GRC)
First-tier Tribunal
A councillor wanted to see the council's legal advice about some leases. The law protects lawyer-client secrets, and releasing this advice would mean everyone could see it. The court sided with keeping the advice secret because that's more important than the councillor seeing it.
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.