In our March 2016 newsletter we provided an overview of Ashley Judith Dawson-Damer & others v Taylor Wessing & others [2015] in which the team is acting for a professional Bahamian trustee who faces a breach of trust claim brought by a beneficiary in the Bahamas. The beneficiary in question has sought to circumvent section 83 of the Bahamian Trust Act which enables trustees to withhold documentation from Beneficiaries by issuing a subject access request under the Data Protection Act 1998 (“DPA”) in England against this firm who are long standing legal advisors to the trustee.

Taylor Wessing was successful at first instance relying principally on (i) the legal professional privilege exemption; (ii) the disproportionality and/or unreasonableness of the firm having to conduct a search to identify those documents which are not privileged and (iii) the Court’s discretion when considering the purpose of the request. However the Beneficiary was granted permission to appeal. The appeal was originally listed for July 2016 but was adjourned by the Court of Appeal and belatedly heard on 16 and 17 November 2016 before Lady Justice Arden, Lord Justice Richards and Lord Justice Irwin. Judgment has been reserved by the judicial panel but watch this space as the team will be hosting a webinar discussion the appeal judgment once it is handed down.