Mr W. Hunter Watson and Scottish Executive [2007] ScotIC 005_2007 (12 January 2007)

Mr W. Hunter Watson and Scottish Executive [2007] ScotIC 005_2007 (12 January 2007)

The Commissioner held that the legal advice requested was exempt from disclosure under section 36(1) of the Freedom of Information (Scotland) Act 2002 as it was subject to legal professional privilege, and the public interest did not override the exemption.

Source-derived case information.

Citation
[2007] ScotIC 005_2007
Parties
Applicant: Mr W. Hunter Watson; Respondent: Scottish Executive
Jurisdiction
Scotland
Judgment Date
12 January 2007
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Access to Legal Advice
Administrative Law Information Law Freedom of Information Access to Legal Advice

Source-derived case record

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Parties

Mr W. Hunter Watson

Applicant

Scottish Executive

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

Legal Issues

  1. 1 Whether the Scottish Executive is required to disclose a copy of legal advice under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner held that the legal advice requested was exempt from disclosure under section 36(1) of the Freedom of Information (Scotland) Act 2002 as it was subject to legal professional privilege, and the public interest did not override the exemption.

Court Disposition

appeal dismissed