Summary: The complainant requested the Council to disclose the recorded information it holds relating to its decision to cover the court costs that may or may not be awarded to a named party in particular proceedings should the appellants-™ appeal succeed. The Council responded to this request refusing to disclose any information relating to the court case under section 42 of the Act. During the Commissioner-™s investigation it was established that the Council holds two pieces of information relevant to the complainant-™s request. These are referred to as item 1 and item 2 throughout the Notice. In respect of item 1, the Commissioner concluded that this information was exempt from disclosure under section 42(1) of the Act. However, in respect of item 2, the Commissioner decided that the Council had waived its right to claim legal professional privilege to this information. He therefore concluded that section 42(1) of the Act did not apply to this information and requested the Council to release this information to the complainant within 35 days of this Notice.
Section of Act/EIR & Finding: FOI 42 - Complaint Partly Upheld