Hugh Brown v The Information Commissioner & Anor

Hugh Brown v The Information Commissioner & Anor

A reference to the effect of legal advice, such as stating there was a 'reasonable chance of success', does not amount to disclosure of the substance or content of the advice and does not waive privilege. The information remains protected by legal professional privilege, the exception in regulation 12(5)(b) EIR is engaged, and the public interest in maintaining privilege outweighs the public interest in disclosure.

Parties
Appellant: Hugh Brown; Respondent: The Information Commissioner; Respondent: London Borough of Harrow
Jurisdiction
England and Wales
Judgment Date
25 September 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Legal Professional Privilege, Environmental Information Regulations, Public Interest Test, Waiver of Privilege
Information Law Environmental Law Legal Professional Privilege Environmental Information Regulations Public Interest Test Waiver of Privilege

Case Brief

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Parties

Hugh Brown

Appellant

The Information Commissioner

Respondent

London Borough of Harrow

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether disclosure of legal advice is prevented by legal professional privilege under regulation 12(5)(b) of the Environmental Information Regulations 2006 (EIR)
  2. 2 Whether the Deputy Leader's public statement constituted a waiver of privilege
  3. 3 Whether the public interest in disclosure outweighs the interest in maintaining privilege

Ratio Decidendi

A reference to the effect of legal advice, such as stating there was a 'reasonable chance of success', does not amount to disclosure of the substance or content of the advice and does not waive privilege. The information remains protected by legal professional privilege, the exception in regulation 12(5)(b) EIR is engaged, and the public interest in maintaining privilege outweighs the public interest in disclosure.

Court Disposition

Appeal dismissed

Orders

  • No substituted decision notice issued