First-tier Tribunal’s decision
First-tier Tribunal’s decision
Mr Dally appealed unsuccessfully to the First-tier Tribunal against the Commissioner’s decision notice. The Tribunal found that there was no public interest in disclosure of the information sought by Mr Dally and dismissed his appeal. Regarding the arguments advanced by Mr Dally, the Tribunal’s reasons included the following:
while Mr Dally made claims about the current legality of MDH’s operations, and said that an MP had been misled, the Council’s letter to the MP, “explicitly states that the advice was taken some time ago and the Council has confirmed with DEFRA that its interpretation is correct” (paragraph 10 of the Tribunal’s reasons);
questions as to the current legality of MDH’s operations were distinct from “the question of legal advice obtained some time before the [2018 Regulations] made some changes to the position of some kennels” (paragraph 11);
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal
- If either party wishes to rely on any further written evidence or submissions, these are to be received by the First-tier Tribunal within one month of the date on which this decision is issued
- Directions (3) and (4) above may be varied by direction given by the First-tier Tribunal
- Background
- 14 February 2019, the RSPCA wrote to the Council’s Chief Executive
- 19 February 2019 at 14:19, a Council official emailed DEFRA
- 19 February 2019 at 15:07, a DEFRA official responded by email to the Council’s email of the same date
- 20 February 2019, a Council official emailed Mr Dally
- The Information Commissioner’s decision
- First-tier Tribunal’s decision
- disclosure of old legal advice would not assist in resolving any problems at MDH
- Legislative background
- Environmental protection legislation (stray dogs)
- Grounds of appeal
- The Commissioner’s arguments
- General principles
- Specific arguments
- even if the Upper Tribunal were to find a public interest in disclosure, that would not invalidate the Tribunal’s conclusion that disclosure would “erode the principle of legal professional privilege”
- Appellant’s arguments
- the supposed third formulation of the alleged misrepresentation – the Council said that the previous legal advice related to the 2018 Regulations rather than the 1963 Act regime – is styled by the Com
- Ground 1
- MDH continued to operate without a license despite kennelling stray dogs for up to 24 hours
- another local authority has required Animal Wardens Ltd, which sub-contracts with MDH, to seek a licence the Charity Commission took enforcement action to address a conflict of interests between Animal Wardens Ltd and MDH
- Closed session of hearing
- Conclusions
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