Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352 (11 March 2020)

Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352 (11 March 2020)

The Court of Appeal held that 'joint privilege' arises as a matter of English procedural law, not trust law, and its scope is determined by English law. Therefore, the Bahamian Trustee Act is irrelevant to the privilege question. Taylor Wessing LLP's paper files under 'Yuills Trusts' constitute a relevant filing system under the Data Protection Act 1998, requiring search and disclosure of claimants' personal data subject to legal professional privilege as defined by English law.

Citation
[2020] EWCA Civ 352
Parties
Appellant/claimant: Mrs Ashley Judith Dawson-Damer; Claimant: Mr Piers Dawson-Damer; Claimant: Ms Adelicia Dawson-Damer; Respondent/defendant/appellant: Taylor Wessing LLP
Jurisdiction
England and Wales
Judgment Date
11 March 2020
Procedural Posture
Appeal / Court of Appeal Judgment Following High Court Decision
Outcome
Appeal allowed in part; Ashley Dawson-Damer's appeal on the LPP issue is allowed; Taylor Wessing LLP's appeal on the relevant filing system issue is dismissed.
Legal Topics
Legal Professional Privilege, Subject Access Requests, Relevant Filing System, Disclosure, Trust Law
Data Protection Trusts and Probate Civil Procedure Legal Professional Privilege Subject Access Requests Relevant Filing System Disclosure Trust Law

Case Brief

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Parties

Mrs Ashley Judith Dawson-Damer

Appellant/claimant

Mr Piers Dawson-Damer

Claimant

Ms Adelicia Dawson-Damer

Claimant

Taylor Wessing LLP

Respondent/defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment Following High Court Decision

Legal Issues

  1. 1 Whether Taylor Wessing LLP can rely on the legal professional privilege exemption under the Data Protection Act 1998 in respect of documents containing claimants' personal data
  2. 2 Whether Taylor Wessing LLP's paper files constitute a 'relevant filing system' under section 1(1) of the Data Protection Act 1998

Ratio Decidendi

The Court of Appeal held that 'joint privilege' arises as a matter of English procedural law, not trust law, and its scope is determined by English law. Therefore, the Bahamian Trustee Act is irrelevant to the privilege question. Taylor Wessing LLP's paper files under 'Yuills Trusts' constitute a relevant filing system under the Data Protection Act 1998, requiring search and disclosure of claimants' personal data subject to legal professional privilege as defined by English law.

Court Disposition

Appeal allowed in part; Ashley Dawson-Damer's appeal on the LPP issue is allowed; Taylor Wessing LLP's appeal on the relevant filing system issue is dismissed.

Orders

  • Taylor Wessing LLP must search the 35 paper files under 'Yuills Trusts' for claimants' personal data and disclose such data subject to legal professional privilege as defined by English law.
  • Taylor Wessing LLP must list documents withheld on grounds of legal advice privilege by date and description.