Information Tribunal orders disclosure of legal advice on public interest grounds | Practical Law

Information Tribunal orders disclosure of legal advice on public interest grounds | Practical Law

The Information Tribunal has allowed an appeal against the Information Commissioner's decision and ordered disclosure of legal advice on public-interest grounds. The Tribunal found that advice given in 1994 by legal counsel to Merseytravel (a public authority with responsibility for the Mersey Tunnels) on the authority's powers under a debt administration order was subject to legal professional privilege, but that the public interest in maintaining the exemption under section 42 of the Freedom of Information Act 2000 was outweighed by the public interest in disclosure. The Tribunal found that, taking account of the amounts of money involved, the numbers of people affected, the passage of time, the absence of litigation and the lack of transparency in the authority's actions and reasons, the public interest in disclosing the information outweighed the public interest in maintaining the exemption, even though the latter remained strong because the issue considered by counsel was still live. It is believed that this is the first case in which the Tribunal has ordered the disclosure of legal advice on public-interest grounds. Case: Mersey Tunnel Users Association v Information Commissioner, 15 February 2008.

Information Tribunal orders disclosure of legal advice on public interest grounds

Practical Law UK Legal Update 5-380-8780 (Approx. 2 pages)

Information Tribunal orders disclosure of legal advice on public interest grounds

by PLC IPIT & Communications
Law stated as at 15 Feb 2008United Kingdom
The Information Tribunal has allowed an appeal against the Information Commissioner's decision and ordered disclosure of legal advice on public-interest grounds. The Tribunal found that advice given in 1994 by legal counsel to Merseytravel (a public authority with responsibility for the Mersey Tunnels) on the authority's powers under a debt administration order was subject to legal professional privilege, but that the public interest in maintaining the exemption under section 42 of the Freedom of Information Act 2000 was outweighed by the public interest in disclosure. The Tribunal found that, taking account of the amounts of money involved, the numbers of people affected, the passage of time, the absence of litigation and the lack of transparency in the authority's actions and reasons, the public interest in disclosing the information outweighed the public interest in maintaining the exemption, even though the latter remained strong because the issue considered by counsel was still live. It is believed that this is the first case in which the Tribunal has ordered the disclosure of legal advice on public-interest grounds. Case: Mersey Tunnel Users Association v Information Commissioner, 15 February 2008.