Conor Ryan and Cork County Council [2015] IEIC 140151 (30 November 2015)

The Council failed to demonstrate how the release of the internal audit report and related records would prejudice the effectiveness of audits, ongoing negotiations, or legal proceedings. No applicable exemption was established, and any legal professional privilege was waived by the Council's inaction.

Source-derived case information.

Citation: [2015] IEIC 140151
Parties: Applicant: Conor Ryan; Respondent: Cork County Council
Jurisdiction: Ireland
Judgment Date: 30 November 2015
Procedural Posture: FOI Review / Decision of Information Commissioner Following Review
Outcome: Council's refusal annulled; records to be released.
Legal Topics: FOI Exemptions, Internal Audit Reports, Public Interest Balancing, Commercial Sensitivity, Legal Professional Privilege

Freedom of Information Administrative Law FOI Exemptions Internal Audit Reports Public Interest Balancing Commercial Sensitivity Legal Professional Privilege

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2

Parties

Conor Ryan

Applicant

Cork County Council

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Review

Legal Issues

1 Whether Cork County Council was justified in refusing access to internal audit report and related records under sections 21, 23, and 27 of the FOI Act

Ratio Decidendi

Court Disposition

Council's refusal annulled; records to be released.

Orders

Council directed to release the internal audit report and related records to the applicant.

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