Information Commissioner's Office

Summary: The complainant requested a copy of a report prepared for Northern Rock by its external legal advisers into the conduct of the previous board of directors. The report focused on whether a claim could be brought against the former directors of the bank in respect of their management at the time that it needed a liquidity support facility from the Bank of England. HM Treasury held a copy of the report requested by the complainant because following the decision to take Northern Rock into public ownership it became the sole shareholder in the bank. HM Treasury refused to disclose the report on the basis that it was exempt from disclosure under section 42(1), legal professional privilege, and section 41(1), information provided in confidence. The Commissioner has concluded that the report is exempt from disclosure on the basis of section 42(1) and in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the report.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld