header-logo header-logo

23 March 2007 / Navdeep Gill
Issue: 7265 / Categories: Features , Local government , Public
printer mail-detail

IT confidential

When are public authority contracts likely to be liable for full disclosure, asks Navdeep Gill

In a recent landmark decision, Derry County Council v Information Commissioner EA/2006/0014, the Information Tribunal (IT) dismissed a claim by Derry County Council (the council) that it was exempt from releasing financial information under the Freedom of Information Act 2000 (FIA 2000).

The council sought to rely on three exemptions in FIA 2000:

  • section 29, prejudice to the economic interests of the UK or any part of the UK;
  • section 41, information provided in confidence; and 
  • section 43, prejudice to the commercial interests of any person including the public authority.

The IT’s decision on s 41 is the most significant and will come as a blow to many in the private sector who may have previously thought that FIA 2000 would not be of concern to them. In its decision the IT took the bold view that information contained in a concluded contract with a public authority can fall outside the scope of the s 41 exemption since

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll