The Court of Appeal has provided beneficiaries with an alternative avenue for seeking disclosure against a trustee. Sophie Holcombe explains ‘The Court of Appeal expressly stated that it would not be correct to refuse to exercise the court‘s discretion to order compliance “because this disclosure could not be obtained from the trustees under the governing …
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Wills & Trusts Law Reports | Spring 2018 #171The appellants were beneficiaries of a number of Bahamian trusts; the respondent solicitors (‘TW’) act on behalf of the trustee of these trusts. On 4 August 2014, the appellants served a subject access request (‘SAR’) on TW, requesting disclosure of the personal data relating to the appellants held by TW as the solicitors for the trustee. The appellants were not satisfied by TW’s response to the SAR. They therefore applied to the court to exercise its discretion under s.7(9) of the Data Protection Act 1998 (‘DPA’), and grant a declaration that TW had not complied with t...
