Skinner v IC & North Somerset Council (Environmental Information Regulations 2004) [2011] UKFTT EA_2010_0184 (GRC) (1 March 2011)

Skinner v IC & North Somerset Council (Environmental Information Regulations 2004) [2011] UKFTT EA_2010_0184 (GRC) (1 March 2011)

The Tribunal found that the legal advice was subject to legal professional privilege and that the public interest in maintaining the exception outweighed the public interest in disclosure. The advice was recent, litigation was possible, and privileged legal advice should remain protected to ensure proper...

Source-derived case information.

Citation
[2011] UKFTT EA_2010_0184 (GRC)
Parties
Appellant: John Skinner; Respondent: Information Commissioner; Second Respondent: North Somerset Council
Jurisdiction
United Kingdom
Judgment Date
01 March 2011
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Environmental Information Disclosure, Legal Professional Privilege, Public Interest Test, Planning Control
Information Rights Environmental Law Administrative Law Environmental Information Disclosure Legal Professional Privilege Public Interest Test Planning Control

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Parties

John Skinner

Appellant

Information Commissioner

Respondent

North Somerset Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether legal advice obtained by North Somerset Council regarding planning control is exempt from disclosure under Environmental Information Regulations 2004 due to legal professional privilege
  2. 2 Whether the public interest in disclosure outweighs the interest in maintaining the exception

Ratio Decidendi

The Tribunal found that the legal advice was subject to legal professional privilege and that the public interest in maintaining the exception outweighed the public interest in disclosure. The advice was recent, litigation was possible, and privileged legal advice should remain protected to ensure proper administration of justice.

Court Disposition

appeal dismissed

Orders

  • The Tribunal upholds the Information Commissioner's decision notice dated 9 September 2010.
  • No order as to costs.