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You are here: BAILII >> Databases >> Information Commissioner's Office >> City of York Council (Local government (City council)) [2015] UKICO FER0561530 (23 March 2015)
URL: http://www.bailii.org/uk/cases/UKICO/2015/FER0561530.html
Cite as: [2015] UKICO FER561530, [2015] UKICO FER0561530
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City of York Council
23 March 2015, Local government (City council)
The complainant has requested legal advice regarding the trial closure of a bridge in the centre of York to private motor vehicles. The City of York Council (the Council) withheld the legal advice under section 42 of FOIA, on the basis that it was subject to legal professional privilege. During the course of his investigation the Council advised the Commissioner that it believed the request should have been dealt with under the EIR. It therefore withdrew its application of section 42 and now cited regulation 12(5)(b) – course of justice, as its basis for refusing the request. The Commissioner’s decision is that the advice does attract legal professional privilege and its disclosure would have an adverse effect on the course of justice. The Council is entitled to refuse the request under regulation 12(5)(b). The Commissioner does not require the Council to take any further action in this matter.
EIR 12(5)(b): Not upheld