Robin Callender Smith v The Information Commissioner & Anor

Robin Callender Smith v The Information Commissioner & Anor

The First-tier Tribunal did not err in law in its application of the public interest balancing exercise under section 42 FOIA; it was entitled to find that the inherent weight in favour of non-disclosure of legal professional privilege outweighed the specific public interest factors supporting disclosure.

Parties
Appellant: Robin Callender Smith; First Respondent: The Information Commissioner; Second Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
18 January 2022
Procedural Posture
Appeal / Upper Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Legal Professional Privilege, Public Interest Test, Disclosure of Legal Advice
Administrative Law Information Rights Freedom of Information Act Legal Professional Privilege Public Interest Test Disclosure of Legal Advice

Case Brief

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Parties

Robin Callender Smith

Appellant

The Information Commissioner

First Respondent

The Crown Prosecution Service

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Judgment

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in striking the balance of competing public interests under section 42 FOIA
  2. 2 Whether sufficient weight was given to public interest factors favouring disclosure

Ratio Decidendi

The First-tier Tribunal did not err in law in its application of the public interest balancing exercise under section 42 FOIA; it was entitled to find that the inherent weight in favour of non-disclosure of legal professional privilege outweighed the specific public interest factors supporting disclosure.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal made on 21 October 2020 under number EA/2019/0275 is confirmed.
  • The requested information should not be disclosed.