Ian Abbott vs The Information Commissioner

This case involved an appeal by Ian Abbott against the Information Commissioner's decision to uphold Kirklees Council's refusal to disclose legal advice under the Freedom of Information Act 2000.

TLDR:

• Ian Abbott appealed against the Information Commissioner's decision to withhold legal advice.
• The legal advice was related to a controversial planning application for an Amazon Distribution Warehouse.
• The Tribunal upheld the Information Commissioner's decision, citing legal professional privilege.

The appellant, Ian Abbott, submitted a request to Kirklees Council for information regarding legal advice obtained by the Head of Planning and Development, Mathias Franklin, from external chambers. The Council refused to provide the requested information, citing regulation 12(5)(b) of the Environmental Information Regulations (EIR), which pertains to the course of justice.

On 4 October 2023, the Information Commissioner issued a Decision Notice (DN) supporting the Council's refusal to disclose the information. The Commissioner concluded that the withheld information was subject to legal professional privilege (LPP) and that its disclosure would adversely affect the course of justice.

The Tribunal, chaired by Brian Kennedy KC, along with specialist members Rosalind Tatam and Kate Grimley Evans, heard the appeal on 16 May 2024. The Tribunal dismissed the appeal, agreeing with the Commissioner's assessment that the legal advice was confidential and its disclosure would interfere with the Council's statutory duties and the administration of justice.

The Tribunal's decision emphasized the importance of maintaining LPP to ensure public authorities can seek and receive legal advice without fear of disclosure. The Tribunal also noted that the legal advice in question was relevant to future planning applications for the site in question, thereby justifying its continued confidentiality.

The Tribunal acknowledged the public interest in transparency and accountability but found that these factors did not outweigh the strong public interest in maintaining the exception for legal professional privilege.

Ultimately, the Tribunal concluded that the Information Commissioner had correctly applied the law and that there were no special or unusual factors in this case that would justify overriding the established principle of LPP.

Legal representatives: Noemi Byrd of Counsel for the appellant, Alec Watson, Solicitor, for the respondent.

Judicial Panel: Brian Kennedy KC, Rosalind Tatam, Kate Grimley Evans

Case Citation Reference: [2024] UKFTT 478 (GRC)