Standard disclosure certainly cannot require the disclosure of legally privileged advice!
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Brogan
Sent: Tuesday 12 July 2011 09:29
To: [log in to unmask]
Subject: Re: [data-protection] Advice regarding FOIA & LPP
My take for your consumption is as follows.
Legal professional privilege protects the disclosure of all communications between a client and his/her/its professional legal adviser (Solicitor or barrister but not a legal executive or solicitor's clerk.) This privilege has been developed by Common Law but should the issue the subject of this advice ever get to court then under the Rules of Disclosure the information could be inspected by the other side. (The Civil Procedures Rules 1998; Rule 31.15)
Now if in the course of advising his client the solicitor/barrister sought advice from say a freedom of information officer and subsequently advised his client then I suggest that advice to the solicitors client from the solicitor is protected by LPP. However I cannot see that the advice from the Freedom of Information officer to the solicitor can be protected. The advice given to the solicitor will not be legal advice because the freedom of information officer is not qualified to give legal advice.
Chris Brogan MA LLM FSyI
Managing Director
Security International Ltd
130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
Tel: +44 20 8847 2111 Fax: +44 20 8847 1852 Registered in England & Wales No. 1322074 Registered Office: 11 Loveday Road, London W13 9JT www.securitysi.com Please visit my blog https://chrisbroganassociates.wordpress.com/
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: 12 July 2011 09:18
To: [log in to unmask]
Subject: Re: Advice regarding FOIA & LPP
Makes sense. If I just give advice to joe bloggs an officer in parking, it's not covered, but if I give advice to a solicitor it is.
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