Dr S and Medical Council (FOI Act 2014) [2016] IEIC 160321 (15 December 2016)

The two records were confidential communications between the Council and its legal adviser for the purpose of obtaining or giving legal advice and are protected by legal advice privilege; therefore, refusal under section 31(1)(a) was justified.

Source-derived case information.

Citation: [2016] IEIC 160321
Parties: Applicant: Dr S; Respondent: Medical Council
Jurisdiction: Ireland
Judgment Date: 15 December 2016
Procedural Posture: Freedom of Information Review / Decision on Review
Outcome: Refusal affirmed
Legal Topics: Legal Professional Privilege, Access to Information, FOI Exemptions

Administrative Law Freedom of Information Legal Professional Privilege Access to Information FOI Exemptions

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Parties

Dr S

Applicant

Medical Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

1 Whether the Medical Council was justified in refusing to release two records to the applicant under section 31(1)(a) of the FOI Act on the grounds of legal professional privilege

Ratio Decidendi

Court Disposition

Refusal affirmed

Orders

Council's decision to refuse access to the two records under section 31(1)(a) of the FOI Act is affirmed

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