Check Your Privilege – Information Rights And Pre-Planning Advice

The High Court decision in Hallows v Wilson Barca LLP, concerning the disclosure of evidence in a damages claim, is a reminder that correspondence with a local planning authority (LPA) is vulnerable to requests under the Freedom of Information Act (FOIA) (or the Environmental Information Regulations (EIR)).

The facts in Hallows are unusual.  Hallows had brought a damages claim against his former solicitors, Wilson Barca, for failing to register rights of ways for a property he owned.  The Claimant's litigation solicitor wrote to the LPA requesting pre-planning advice on the likelihood of obtaining planning permission for residential development of the site.  The Claimant intended to use the response as evidence to establish his losses in the damages claim, rather than to support a bona fide planning application.