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Dawson-Damer v Taylor Wessing: The practical implications

20th Mar 2017

Last month the Court of Appeal handed down judgment in Dawson-Damer v Taylor Wessing, [2017] EWCA Civ 74, [2015] EWHC 2366 reversing the decision of HHJ Behrens KC at first instance. There will be no further appeal from this decision.

The decision is significant for both trust and data protection professionals. The main concern has been that beneficiaries may use the subject access request (“SAR”) procedure contained in section 7 of the Data Protection Act 1998 (the “Act”) to circumvent the well-established principle in Re Marquess of Londonderry’s Settlements that trustees will not normally be ordered to reveal details of their confidential decision-making to beneficiaries. It is worth noting that, as well as UK-resident trustees, the UK-based solicitors of non-resident trustees are susceptible to a SAR.

Click here to read more of the article by James MacDougald (Ten Old Square) and Caroline Tayler (Taylor Wessing).

James MacDougald James MacDougald Call 2011 Simon Taube KC Simon Taube KC Call 1980
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