Dear Jason

Your Request for Information [FOI-477-18]

Thank you for your recent request for information. This will be processed in accordance with the requirements of the Freedom of Information Act (FOIA) and you will receive a response within the stipulated timescale.

The FOI Act defines a number of exemptions which may prevent the release of the information you have requested. We will assess the material and if any of the exemption categories apply, then the information may not be released. We will tell you if that is so. If the information you request refers to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. We will let you know if that is the case and give you an indication of the timescale for providing the information. There may be a fee payable for the information you have requested. The fee must be paid before the information is released. We will inform you if this is the case.

Information that we may provide in response to the Freedom of Information Act request will be subject to copyright protection. You may ask if you can re-use the information, perhaps for commercial purposes. Without the necessary permission you can breach our copyright. To enquire about re-using Trust information, please write to us at the above address or e-mail [email address]

If you have any queries then please contact us at [email address]

If you are dissatisfied on how your request has been handled, you can complain in writing to The Information Governance Manager, Barts Health NHS Trust: E-mail [email address]

Postal address:
The Information Governance Manager,
c/o Archives and Records Centre,
Barts Health NHS Trust,
Lower Ground Floor,
9 Prescot Street,
Aldgate, London E1 8PR

If, after we have addressed your complaint, you remain dissatisfied with how we have responded, you are entitled to appeal to the Information Commissioner (Tel: 01625 545 745). Details are shown at www.ico.org.uk.

Yours sincerely,

Samir Kamil
Freedom of Information (FOI) Lead
Barts Health NHS Trust
9 Prescot Street
London E1 8PR
Email: [email address]
Website: www.bartshealth.nhs.uk

show quoted sections

Dear Jason,

Your Request for Information [FOI-439-18]

Thank you for your request for information and the available information
is attached below.

I am writing to request under the freedom of information act any/all
copies of correspondence and any other documentation relating to
Haemophilia related Litigation / Legal Action between 1st Jan 1988 - 31st
Dec 1991.

Our response: The Trust will neither confirm or deny whether we hold the
information that you have requested, this would relate to Section 32:
court records, section 41: Information Provided In Confidence and Section
42: Legal professional privilege.

Section 32 and section 41 are absolute exemptions and there is no duty to
consider the public interest test.

Section 42 exemption require the Trust to undertake a public interest test
with regard to their use and this set out below in the table.

For Withholding For Disclosure
The Trust can The public has a right to know how Trust are
invoke legal being accountable for the quality of 
professional their decision-making and ensuring that decisions have
privilege when been made on the basis of  good quality legal advice is
litigation is part of that accountability. 
contemplated and
to release any It could also be seen that there is a
information would public interest in
compromise the some cases in knowing whether or not legal advice
Trust’s legal has been followed. 
position.  As this
information has
not been made
publically known
it fits the
requirements of
restricted
disclosure,
otherwise known
only to the
parties involved.

If you are dissatisfied on how your request has been handled, you can
complain in writing to: The Information Governance Manager, Barts Health
NHS Trust,

Email: [1][email address]

Postal address:

The Information Governance Manager,

c/o Archives & Records Centre,

Barts Health NHS Trust,

Lower Ground Floor,

9 Prescot St,

Aldgate,

E1 8PR

If, after we have addressed your complaint, you remain dissatisfied with
how we have responded, you are entitled to appeal to the Information
Commissioner (Tel: 01625 545 745). Details are shown at
[2]www.ico.org.uk  

Yours sincerely,

Samir Kamil

Freedom of Information (FOI) Lead

Barts Health NHS Trust
9 Prescot Street
London E1 8PR

Website: [3]www.bartshealth.nhs.uk

References

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2. http://www.ico.org.uk/
3. http://www.bartshealth.nhs.uk/