John Kirkhope v The Information Commissioner & Anor

John Kirkhope v The Information Commissioner & Anor

The Upper Tribunal held that the First-tier Tribunal made no error of law in concluding that the public interest in maintaining the exemption for legal professional privilege under section 42(1) FOIA outweighed the public interest in disclosure of the requested information. The closed material did not reveal significant information about government policy formulation or a standard approach to drafting, and disclosure would not serve a sufficiently important public interest to override the exemption.

Parties
Applicant/appellant: John Kirkhope; Respondent: Information Commissioner; Respondent: Cabinet Office
Jurisdiction
England and Wales
Judgment Date
19 July 2016
Procedural Posture
Appeal (administrative) / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal dismissed; First-tier Tribunal decision upheld
Legal Topics
Legal Professional Privilege, Public Interest Test, Disclosure of Government Information, Drafting of Legislation
Administrative Law Freedom of Information Legal Professional Privilege Public Interest Test Disclosure of Government Information Drafting of Legislation

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Parties

John Kirkhope

Applicant/appellant

Information Commissioner

Respondent

Cabinet Office

Respondent

Procedural Posture

Appeal (administrative) / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the refusal to disclose information relating to the drafting of legislation exempting the Duchy of Cornwall from criminal liability was lawful under section 42(1) of the Freedom of Information Act 2000 (FOIA)
  2. 2 Whether the public interest in maintaining legal professional privilege outweighs the public interest in disclosure in this context

Ratio Decidendi

The Upper Tribunal held that the First-tier Tribunal made no error of law in concluding that the public interest in maintaining the exemption for legal professional privilege under section 42(1) FOIA outweighed the public interest in disclosure of the requested information. The closed material did not reveal significant information about government policy formulation or a standard approach to drafting, and disclosure would not serve a sufficiently important public interest to override the exemption.

Court Disposition

Appeal dismissed; First-tier Tribunal decision upheld

Orders

  • No error of law found in the First-tier Tribunal's decision
  • No order for disclosure of the requested information