Anthony Carroll v The Information Commissioner

Anthony Carroll v The Information Commissioner

The requested information is subject to legal professional privilege and its disclosure would adversely affect the course of justice; the reference to the advice in the public report did not waive privilege. The public interest in maintaining the exception outweighs the public interest in disclosure.

Source-derived case information.

Parties
Appellant: Anthony Carroll; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
28 October 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Environmental Information Regulations, Legal Professional Privilege, Public Interest Test
Information Law Environmental Law Administrative Law Freedom of Information Environmental Information Regulations Legal Professional Privilege Public Interest Test

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anthony Carroll

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Information Commissioner erred in law by upholding the refusal to disclose legal advice under EIR 12(5)(b)
  2. 2 Whether the Commissioner wrongly exercised discretion in balancing the public interest in disclosure against maintaining the exception

Ratio Decidendi

The requested information is subject to legal professional privilege and its disclosure would adversely affect the course of justice; the reference to the advice in the public report did not waive privilege. The public interest in maintaining the exception outweighs the public interest in disclosure.

Court Disposition

Appeal dismissed