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ENVIRONMENTAL INFORMATION REGULATIONS ( EIR )

February 7th, 2025 by James Goudie KC

A draft report relating to the Council’s environmental LOW TRAFFIC NEIGHBOURHOOD scheme was the subject matter of GREENWICH RLBC v INFORMATION COMMISSIONER ( 2025 ) UK FTT 85 ( GRC ). This remained a live and contentious issue at the time of the information request. There was the real possibility of litigation. It is held that a document does not have to be legally privileged to qualify for exemption from disclosure under EIR Reg 12(5)(b). The test is whether disclosure would adversely affect the course of justice ( paras 41 & 53 ). Moreover, LPP attaches to documents where the sole purpose is to seek legal advice, including such a document created before legal advice is sought ( paras 37-40 ). Also, Reg 12(4)(d) applied ( paras 44-53 inc  ), the purpose of which is to allow public authorities to think in private.

This entry was posted on Friday, February 7th, 2025 at 10:11 am and is filed under Environment, Highways and Leisure. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

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