National Highways Ltd v The Information Commissioner & Anor

National Highways Ltd v The Information Commissioner & Anor

The public interest in maintaining legal professional privilege in this case strongly outweighs the public interest in disclosure, given the recent and live nature of the advice, absence of waiver, and lack of compelling reasons for disclosure.

Parties
Appellant: National Highways Ltd; First Respondent: The Information Commissioner; Second Respondent: Dr Emma Tristram
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Legal Professional Privilege, Environmental Information Regulations, Freedom of Information, Public Interest Test
Information Rights Environmental Law Legal Professional Privilege Environmental Information Regulations Freedom of Information Public Interest Test

Case Brief

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

National Highways Ltd

Appellant

The Information Commissioner

First Respondent

Dr Emma Tristram

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the public interest in maintaining legal professional privilege outweighs the public interest in disclosure under Environmental Information Regulations 2004, reg 12(1)(b)

Ratio Decidendi

The public interest in maintaining legal professional privilege in this case strongly outweighs the public interest in disclosure, given the recent and live nature of the advice, absence of waiver, and lack of compelling reasons for disclosure.

Court Disposition

Appeal allowed

Orders

  • The exception under Environmental Information Regulations 2004, reg 12(5)(b) applies.
  • National Highways is not required to disclose the requested information.