Privilege

Dawson-Damer and others v Taylor Wessing LLP (Information Commissioner intervening) [2017] EWCA Civ 74, [2017] All ER (D) 208 (Feb)

The Court of Appeal, in ordering compliance with the claimants’ subject access requests, held that the legal professional privilege exception to requests in para 10 of Sch 7 to the Data Protection Act 1998 applied only to documents which carried privilege for the purposes of English law. The defendant solicitors’ firm had not shown that compliance would involve disproportionate effort and the judge had been wrong to decline to enforce the request because the claimants intended to use the information in Bahamian proceedings.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS

Read All

‘Lost years’ precedent overturned

Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment

NLJ this week: Neutral counsel in a polarised age

The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’

NLJ this week: Short lets & sharp covenants

Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes

NLJ this week: Justice at the algorithm’s edge

Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing

NLJ this week: When ‘milk’ really means milk

The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans

Error message

Privilege

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Gardner Leader—Michelle Morgan & Catherine Morris

Freeths—Carly Harwood & Tom Newton