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Decision Summary

  • Case Ref: FS50112248
  • Date: 23 May 2007
  • Public Authority: Ministry of Defence
  • Summary: The complainant requested information held by the Ministry of Defence about legal advice obtained in relation to its duties and responsibilities, in particular to Royal Ordnance Factory pensioners, following two decisions by the European Court of Justice. The public authority confirmed that it held certain information but was withholding it under section 42 of the Freedom of Information Act 2000, claiming legal professional privilege and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. The Commissioner has considered the legal advice in question and is satisfied that, while it is not the information that the complainant had been expecting to be held, it is information relating closely to it and that the public authority has applied section 42 correctly to it. An appeal was made to the Information Tribunal, but the appeal was dismissed.
  • View PDF of Decision Notice: [1]