Department of Health and Social Care (Central government) [2022] UKICO 166793 (6 December 2022)
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Department of Health and Social Care
The complainant has requested information relating to costs of litigation. The above public authority eventually disclosed some information but relied on section 43 of FOIA (commercial interests) and section 40(2) of FOIA to withhold the remainder. The Commissioner’s decision is that the public authority is entitled to rely on section 40(2) in the manner that it has done. He also finds that section 43 of FOIA is engaged in respect of the hourly rates agreed and that the balance of the public interest favours maintaining the exemption. The Commissioner does not accept that section 43 is engaged in relation to the name of the firm or chambers that has been retained. The public authority breached section 10 of FOIA as it disclosed information outside of the 20 working day timeframe. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose, to the complainant, the name of the law firm or chambers that has been withheld. Keywords: barrister fees
FOI 10:
Complaint upheld
FOI 43:
Complaint not upheld
Decision notice: 166793
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URL: http://www.bailii.org/uk/cases/UKICO/2022/166793.html
