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23 February 2017
Issue: 7735 / Categories: Legal News
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Disclosure in the Bahamas

Taylor Wessing has been ordered to disclose information it held about parties involved in litigation, in a landmark Court of Appeal decision on legal professional privilege under the Data Protection Act 1998 (DPA 1998).

In Dawson-Damer vs Taylor Wessing [2017] EWCA Civ 74, the claimant and her adult children were beneficiaries of a Bahamian trust, known as the Glenfinnan Settlement. She brought proceedings in the Bahamas against the trustee, who was advised by Taylor Wessing, and served the firm with a subject access request (SAR) under DPA 1998 since it held personal data relating to all three claimants.

Taylor Wessing refused on three grounds: the documents would not be disclosable under Bahamian law and were protected by privilege under English law; disproportionate effort on their part would be required to inspect the documents; and the purpose of the SAR was to obtain disclosure for the sake of litigation.

The Court of Appeal rejected all three arguments. It held that Bahamian law did not apply; that solicitors’ firms are not exempt from the scope of the DPA; that there was no evidence that disclosure would require disproportionate effort; and that the purpose of the SAR was of no consequence.

Ziva Robertson, partner at McDermott, Will & Emery, who acted for Dawson-Damer, said: “In the age of transparency, this important decision affirms everyone’s right to access and protect their personal information held by others.” Robertson said the decision reverses the previous position regarding subjects’ rights to personal data in the context of litigation.

Issue: 7735 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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