Ms Y and Defence Forces (Defence Forces) [2022] IEIC 115277 (18 November 2022)
The Defence Forces took all reasonable steps to locate the requested records, and no further records exist or can be found. The withheld records are exempt from disclosure as they are protected by legal professional privilege, comprising a request for and receipt of legal advice and related correspondence.
- Citation
- [2022] IEIC 115277
- Parties
- Applicant: Ms Y; Respondent: Defence Forces
- Jurisdiction
- Ireland
- Judgment Date
- 18 November 2022
- Procedural Posture
- Freedom of Information Review / Decision of Information Commissioner Following Internal Review
- Outcome
- request refused; refusal affirmed
- Legal Topics
- FOI Refusal, Legal Professional Privilege, Record Search Obligations
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ms Y
Applicant
Defence Forces
Respondent
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Legal Issues
- 1 Whether the Defence Forces was justified in refusing access to records under sections 15(1)(a) and 31(1)(a) of the FOI Act
Ratio Decidendi
The Defence Forces took all reasonable steps to locate the requested records, and no further records exist or can be found. The withheld records are exempt from disclosure as they are protected by legal professional privilege, comprising a request for and receipt of legal advice and related correspondence.
Court Disposition
request refused; refusal affirmed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment