Dawson-Damer v Taylor Wessing LLP

Dawson-Damer v Taylor Wessing LLP

The Court held that 'joint privilege' is a matter of English procedural law, not trust law, and thus Bahamian law does not preclude the beneficiary's right to access documents under English law. However, the paper files held by Taylor Wessing were not a 'relevant filing system' under the Data Protection Act 1998, as their structure did not enable ready access to personal data by reference to individuals; access required manual review by skilled staff, not a structured system.

Parties
Appellant/claimant: Mrs Ashley Judith Dawson-Damer; Claimant: Mr Piers Dawson-Damer; Claimant: Ms Adelicia Dawson-Damer; Respondent/defendant: Taylor Wessing LLP
Jurisdiction
England and Wales
Judgment Date
11 March 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeals From High Court
Outcome
Appeals allowed
Legal Topics
Legal Professional Privilege, Subject Access Requests, Relevant Filing System, Disclosure, Trust Beneficiaries' Rights
Data Protection Trusts and Equity Civil Procedure Legal Professional Privilege Subject Access Requests Relevant Filing System Disclosure Trust Beneficiaries' Rights

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

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeals From High Court

Legal Issues

  1. 1 Whether Taylor Wessing LLP can rely on the legal professional privilege (LPP) exemption under the Data Protection Act 1998 in respect of documents relating to trust beneficiaries
  2. 2 Whether Taylor Wessing's paper files constitute a 'relevant filing system' under the Data Protection Act 1998

Ratio Decidendi

The Court held that 'joint privilege' is a matter of English procedural law, not trust law, and thus Bahamian law does not preclude the beneficiary's right to access documents under English law. However, the paper files held by Taylor Wessing were not a 'relevant filing system' under the Data Protection Act 1998, as their structure did not enable ready access to personal data by reference to individuals; access required manual review by skilled staff, not a structured system.

Court Disposition

Appeals allowed

Orders

  • Ashley Dawson-Damer's appeal on the LPP issue is allowed; Taylor Wessing cannot rely on the LPP exemption as against her for pre-litigation documents under English law.
  • Taylor Wessing's appeal on the Data Protection Issue is allowed; the 35 paper files are not a 'relevant filing system' under the Data Protection Act 1998.