Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Dover District Council (Local government (District council)) [2007] UKICO FER0082136 (3 July 2007)
URL: http://www.bailii.org/uk/cases/UKICO/2007/FER0082136.html
Cite as: [2007] UKICO FER82136, [2007] UKICO FER0082136
[New search] [Printable PDF version] [Help]
Dover District Council
3 July 2007, Local government (District council)
The complainant requested legal advice received by the public authority. The public authority applied section 42 of the Freedom of Information Act to withhold the information. The Commissioner found that the request should have been dealt with under the Environmental Information Regulations 2004. He considered that the exception under regulation 12(5)(b) of those Regulations did not apply as legal professional privilege had been waived due to the public authority publishing a summary of the legal advice in a report available on its website. Since regulation 12(5)(b) was not engaged, there was no need for the Commissioner to consider the public interest test under regulation 12(1)(b) of the Regulations. Therefore, the Commissioner ordered the public authority to disclose the information.
EIR 5: Upheld