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You are here: BAILII >> Databases >> Information Commissioner's Office >> Hampshire County Council (Decision Notice) [2009] UKICO FS50231767 (26 November 2009) URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50231767.html Cite as: [2009] UKICO FS50231767 |
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Summary: The complainant requested a copy of the internal legal advice which the Council obtained in respect of a right of way across land known as Rotherwick which is currently a golf course. The Council refused the request claiming that the exceptions in Regulations 12(4)(e) and 12(5)(b) of the Environmental Information Regulations 2004 (-˜the Regulations-™) applied.. The Commissioner-™s decision is that the information requested is legal advice, Regulation 12(5)(b) is engaged and the public interest in maintaining the exception outweighs the public interest in disclosing the information. As the application of Regulation 12(5)(b) is upheld no finding has been made on the exception at regulation 12(4)(e). Information Tribunal appeal number EA/2009/0117 has been dismissed.
Section of Act/EIR & Finding: EIR 12.5.b - Complaint Not upheld