Summary: The complainant has requested correspondence between Wirral Borough Council (-˜the council-™) and a specific law firm. The council initially applied the exemptions for information provided in confidence at section 41 and legal professional privilege at section 42 of the FOIA but retracted its reliance on section 42 during the Commissioner-™s investigation. The Commissioner-™s decision is that the council was not entitled to rely on section 41 in relation to some of the information, as it was not provided by another party, and has not provided sufficient justification for the application of section 41 to the remainder of the information. The Commissioner requires the public authority to disclose the requested information.
Section of Act/EIR & Finding: FOI 41 - Complaint Upheld