The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in each case whether they would require discovery and or were protected by legal professional privilege, and that the exercise would be disproprtionate. The claimants said that the rules of equity as they applied to trustees should be used to restrict the claims of legal professional privilege.
Held: It was not reasonable or proportionate on the facts of this case for TW to carry out the necessary search to determine if any particular document was covered by privilege.
Behrens J HHJ
 EWHC 2366 (Ch)
Data Protection Act 1998
England and Wales
Cited – Durant v Financial Services Authority CA 8-Dec-2003
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his . .
Cited – Ezsias v The Welsh Ministers QBD 23-Nov-2007
The Claimant claimed under Section 7(9) of the 1998 Act for failures to disclose data to him following several requests. He sought (i) a declaration that the National Assembly had failed to comply with their obligations under the 1998 Act, (ii) . .
Cited – Elliott v Lloyds TSB Bank 24-Apr-2012
Leeds County Court – The court considered the extent of the obligation imposed by s 8(2) of the 1998 Act.
Held: The data controller is only required under the section to supply the individual with such personal data as is found after a . .
Cited – Iesini and Others v Westrip Holdings Ltd and Others ChD 16-Oct-2009
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their . .
Cited – Talbot v Marshfield 15-Jun-1865
Trustees took counsel’s opinion as to whether they should exercise a discretionary power to advance part of their trust fund for the benefit of some of the cestuis que trust: and others of the cestuis que trust having filed a bill to restrain them . .
Cited – Thomas v Secretary of State for India in Council 1870
Subscribers to an annuity fund asserted claims to surplus money belonging to the fund. The trustees took advice in relation to that claim. One of the subscribers filed a Summons to compel the production of the legal opinion.
Held: Where there . .
Cited – In re Londonderry’s Settlement; Peat v Lady Walsh CA 3-Nov-1964
The Court considered limitations on the right to disclosure of trust documents, and in particuar the need to protect confidentiality in communications between trustees as to the exercise of their dispositive discretions, and in communications made . .
Cited – Vadim Schmidt v Rosewood Trust Limited PC 27-Mar-2003
PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary.
Held: Times had moved on, and trust documents had . .
Cited – Breakspear and others v Ackland and Another ChD 19-Feb-2008
Beneficiaries sought disclosure of a wishes letter provided by the settlor to the trustees in a family discretionary trust.
Held: The confidentiality in the letter was, in the absence of some express term by the settlor, in the trustees, and . .
Cited – Campbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
Cited – B and Others Russell McVeagh McKenzie Bartleet and Co v Auckland District Law Society, Gary J Judd PC 19-May-2003
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them.
Held: The appeal was allowed. The . .
Lists of cited by and citing cases may be incomplete.
Information, Legal Professions
Updated: 03 January 2022; Ref: scu.551025