Mark Boyce v Information Commissioner & Anor

Mark Boyce v Information Commissioner & Anor

The Tribunal found that the withheld information was within the scope of the request, was covered by legal professional privilege, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The matter was not res judicata as the requests differed and there was no prior determination on the same legal advice. The appeal was dismissed as the Decision Notice was in accordance with the law.

Parties
Appellant: Mark Boyce; First Respondent: Information Commissioner; Second Respondent: The Parliamentary and Health Service Ombudsman
Jurisdiction
England and Wales
Judgment Date
29 January 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Legal Professional Privilege, Public Interest Test, Res Judicata
Information Law Administrative Law Freedom of Information Legal Professional Privilege Public Interest Test Res Judicata

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Parties

Mark Boyce

Appellant

Information Commissioner

First Respondent

The Parliamentary and Health Service Ombudsman

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the withheld information is within the scope of the FOIA request
  2. 2 Whether the matter is res judicata
  3. 3 Whether the withheld information is covered by legal professional privilege under section 42 FOIA

Ratio Decidendi

The Tribunal found that the withheld information was within the scope of the request, was covered by legal professional privilege, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The matter was not res judicata as the requests differed and there was no prior determination on the same legal advice. The appeal was dismissed as the Decision Notice was in accordance with the law.

Court Disposition

Appeal dismissed