Mr X and EirGrid [2020] IEIC 60589 (18 August 2020)

Mr X and EirGrid [2020] IEIC 60589 (18 August 2020)

EirGrid was justified in refusing access to the records under section 31(1)(a) of the FOI Act as they are exempt from production in court on grounds of legal professional privilege, including advice and litigation privilege, and common interest privilege applies between EirGrid and ESB.

Citation
[2020] IEIC 60589
Parties
Applicant: Mr X; Respondent: EirGrid
Jurisdiction
Ireland
Judgment Date
18 August 2020
Procedural Posture
FOI Review / Final Binding Decision
Outcome
request refused
Legal Topics
Legal Professional Privilege, Access to Records, Litigation Privilege, Common Interest Privilege
Freedom of Information Administrative Law Legal Professional Privilege Access to Records Litigation Privilege Common Interest Privilege

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Parties

Mr X

Applicant

EirGrid

Respondent

Procedural Posture

FOI Review / Final Binding Decision

Legal Issues

  1. 1 Whether EirGrid was justified under section 31(1)(a) of the FOI Act in refusing access to records relating to the alteration, diversion or undergrounding of 110Kv transmission lines on lands in County Kildare

Ratio Decidendi

EirGrid was justified in refusing access to the records under section 31(1)(a) of the FOI Act as they are exempt from production in court on grounds of legal professional privilege, including advice and litigation privilege, and common interest privilege applies between EirGrid and ESB.

Court Disposition

request refused

Orders

  • EirGrid's refusal of access to records under section 31(1)(a) affirmed