Steven Downes v The Information Commissioner

Steven Downes v The Information Commissioner

The Tribunal found that the correspondence was subject to legal professional privilege, the exemption under section 42 applied, and the public interest in maintaining the exemption outweighed the public interest in disclosure, even by a narrow margin.

Source-derived case information.

Parties
Appellant: Steven Downes; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal Under Freedom of Information Act 2000 / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Legal Professional Privilege, Public Interest Test
Information Law Administrative Law Freedom of Information Legal Professional Privilege Public Interest Test

Source-derived case record

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Parties

Steven Downes

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal Under Freedom of Information Act 2000 / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the London Borough of Croydon was entitled to rely on section 42 (legal professional privilege) of the Freedom of Information Act 2000 to withhold correspondence with solicitors
  2. 2 Whether the public interest in disclosure outweighed the public interest in maintaining the exemption

Ratio Decidendi

The Tribunal found that the correspondence was subject to legal professional privilege, the exemption under section 42 applied, and the public interest in maintaining the exemption outweighed the public interest in disclosure, even by a narrow margin.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.