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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Justice (Decision Notice) [2011] UKICO FER0310353 (23 February 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FER0310353.html
Cite as: [2011] UKICO FER0310353, [2011] UKICO FER310353
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Ministry of Justice (Decision Notice) [2011] UKICO FER0310353 (23 February 2011)
Summary: The complainant submitted a request to the Ministry of Justice (-˜the MoJ-™) for a copy of the legal opinion commissioned by the MoJ on the issue of charging for inspection of the Local Land Charges Register under the EIR. The MoJ withheld this information under the exemption at section 42 of the Act on the grounds that it was subject to legal professional privilege. During the course of the investigation, the MoJ reconsidered the request under the EIR and withheld the information under the exception at regulation 12(5)(b). The Commissioner has investigated and found that the exception at regulation 12(5)(b) was applied correctly. However, the MoJ has breached regulation 14(2) by failing to provide the complainant with a refusal notice within 20 working days. It has also breached regulation 14(3)(a) by failing to cite the specific exception it relied upon, and 14(3)(b) in failing to detail the public interest matters considered in relation to the application of regulation 12(5)(b). The Commissioner does not require the MoJ to take any further action.
Section of Act/EIR & Finding: EIR 12.5.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld