The complainant has requested information regarding Liverpool City Council’s engagement of Ernst and Young in relation to the Updated Partnership Refresh Proposal for Liverpool Direct Limited and for information relating to the assertion that BT has the potential to make a legal claim against the council for pounds 56 million if it were to terminate the existing contract. In relation to parts (1) and (4) of the request, the Commissioner’s decision is that Liverpool City Council has incorrectly applied the exemption where information has been obtained by the public authority from any other person and the disclosure by the public authority would constitute an actionable breach of confidence. In relation to part (5) of the request, the Commissioner’s decision is that, on the balance of probabilities, Liverpool City Council does not hold the requested information. No further action is required in respect of part (5) of the request. The Commissioner requires the public authority to disclose the information requested at parts (1) and (4). Information Tribunal appeal number EA/2012/0114 has been disposed of by way of a consent order.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld, FOI 10 – Complaint Upheld, FOI 41 – Complaint Upheld
[2012] UKICO FS50424953
Bailii
England and Wales
Updated: 19 August 2021; Ref: scu.529497