Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

Public interest test: assessing ‘safe space’ and ‘chilling effect’ arguments under FOIA 2000 ss 35–36 and EIR 2004 reg 12, with case law and ICO guidance

Published by a LexisNexis Public Law expert

Practice notes

Since the arrival of the Freedom of Information Act 2000 (FIA 2000) and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391, commentators have argued that releasing information risks curbing candid and open policy debate within public authorities. Claims of a chilling effect on discussion, and the necessity of a safe space for debate, are usually presented within the public interest considerations advanced by authorities seeking to apply a qualified exemption to an information request. Key illustrations are FIA 2000, s 35 (formulations of government policy, etc), FIA 2000, s 36 (prejudice to effective conduct of public affairs) and EIR 2004, reg 12(4)(d) and (e) (exceptions to the duty to disclose environmental information). Both safe space and chilling effect arguments concentrate on the need to shield internal deliberation and the decision-making process.

What is meant by a ‘chilling effect’ and by ‘safe space’?

Public authorities have contended that, if required to reveal details of internal discussions, the free and frank exchange needed to develop policy in future would be inhibited or ‘chilled’. It is suggested that exposing such discussions would harm the quality of advice given in future and lead...

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Kim Mayo

Professional Biography Kim joined Essex County Council in May 2002 as a member of the Advocacy Team, and was appointed as the Paralegal Team Supervisor in May 2007, before qualifying as a solicitor in 2010. During her time at Essex County Council Kim has undertaken a range of criminal and civil litigation work, as well as dealing with a variety of other areas, undertaking a range of advocacy before the Magistrates and County Court and Employment Tribunal. Relevant Work Experience Criminal Litigation All District Council prosecutions including benefit fraud, fly tipping, food hygiene, and noise abatement as well as Trading Standards prosecutions including underage sales, infringements under trade mark legislation and applications under the Proceeds of Crime Act 2002. Prosecutions on behalf of the education department for failing to ensure regular school attendance and other Local Authority...

Web page updated on 21/05/2026

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