The complainant requested terms of reference for a financial options appraisal in relation to a caravan park. The Council refused the request on the basis that the information was subject to legal professional privilege and therefore exempt by virtue of section 42 of the Freedom of Information Act 2000, and that it also constituted commercially sensitive information and was exempt by section 43 of the Freedom of Information Act 2000. The Commissioner has investigated and has determined that the exemptions are not engaged, and the Council was incorrect to refuse the request. Therefore the Commissioner finds that the withheld information should be disclosed. The Commissioner also identified a series of procedural breaches in relation to the way the Council dealt with the request. Information Tribunal appeal number EA/2009/0058 dismissed.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 42 – Complaint Upheld, FOI 43 – Complaint Upheld
Citations:
[2010] UKICO FS50218090
Links:
Jurisdiction:
England and Wales
Information
Updated: 16 July 2022; Ref: scu.531252
