The Cabinet Office v 1) The Information Commissioner 2) Daryl Peagram: [2026] UKUT 140 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 31 March 2026.
Read the full decision in .
Judicial Summary
This is a decision about whether, under section 42(2) of the Freedom of Information Act 2000, confirmation of the fact that the then Prime Minister had sought legal advice on the lawfulness of the Covid-19 lockdown of 23 March 2020, on the hypothesis that such advice had been sought, would have revealed information to which legal advice privilege applied. The FTT decided, as a preliminary issue, that it would not.
The Upper Tribunal allows the Cabinet Office’s appeal, set asides the FFT’s decision and, in redeciding the appeal, decides that legal advice privilege (and s.42(2)) applied to the hypothesised advice sought by the Prime Minister.