Gone fishing: legal professional privilege and data subject access requests in trust law Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352

Following a data subject access request made in 2014, the Court of Appeal has recently taken the opportunity to consider the nature of joint privilege. By affirming that joint privilege is a procedural issue, rather than a substantive element of trust law, the court removed it from the remit of offs...

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Bibliographic Details
Published inTrusts & trustees Vol. 26; no. 8-9; pp. 884 - 889
Main Author Towl, Charles
Format Journal Article
LanguageEnglish
Published Oxford Oxford University Press 01.11.2020
Oxford Publishing Limited (England)
Subjects
Access control
Confidential communications
Data security
Disclosure of information
Discretionary trusts
Laws, regulations and rules
Trusts and trustees
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Summary:Following a data subject access request made in 2014, the Court of Appeal has recently taken the opportunity to consider the nature of joint privilege. By affirming that joint privilege is a procedural issue, rather than a substantive element of trust law, the court removed it from the remit of offshore restrictions upon trustee disclosure duties. However, the Data Protection Act 2018 may yet frustrate future attempts by beneficiaries to use subject access requests to pursue fishing expeditions.
Bibliography:SourceType-Scholarly Journals-1
content type line 14
ObjectType-Report-1
ISSN:1363-1780
1752-2110
DOI:10.1093/tandt/ttaa073