Mr X and Irish Water (FOI Act 2014) (Irish Water) [2018] IEIC 180171 (31 October 2018)

Mr X and Irish Water (FOI Act 2014) (Irish Water) [2018] IEIC 180171 (31 October 2018)

Irish Water was justified in refusing access to records created for the dominant purpose of defending anticipated litigation, but not justified in refusing access to records where litigation was not the sole or dominant purpose. Records 12a (part), 27, and 37 did not meet the dominant purpose test for litigation privilege and must be released (with redactions for personal information where applicable).

Citation
[2018] IEIC 180171
Parties
Applicant: Mr X; Respondent: Irish Water
Jurisdiction
Ireland
Judgment Date
31 October 2018
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
partly affirmed and partly annulled
Legal Topics
Legal Professional Privilege, Access to Information, Litigation Privilege, Personal Information
Administrative Law Freedom of Information Legal Professional Privilege Access to Information Litigation Privilege Personal Information

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Parties

Mr X

Applicant

Irish Water

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether Irish Water was justified in refusing access to records under section 31(1)(a) of the FOI Act (legal professional privilege)
  2. 2 Whether certain records were created for the dominant purpose of apprehended or pending litigation

Ratio Decidendi

Irish Water was justified in refusing access to records created for the dominant purpose of defending anticipated litigation, but not justified in refusing access to records where litigation was not the sole or dominant purpose. Records 12a (part), 27, and 37 did not meet the dominant purpose test for litigation privilege and must be released (with redactions for personal information where applicable).

Court Disposition

partly affirmed and partly annulled

Orders

  • Affirmed refusal of access to records 11-22, 29, 30, and 33 under section 31(1)(a) of the FOI Act.
  • Annulled refusal of access to records 12a (part), 27, and 37; directed their release (with redaction of third party personal information in record 37).