Analysis

Law Firm Disclosure Ruling On Trustee Docs Has Limits

Law360, London (March 17, 2020, 8:26 PM GMT) -- A recent Court of Appeal ruling that a trustee can’t use privilege to withhold documents requested by a beneficiary will have a limited impact due to a 2018 update to the U.K.’s data protection law, lawyers told Law360.

That revision, which implements the European Union’s General Data Protection Regulation in U.K. law, now includes an exemption from disclosure for “information in respect of which a duty of confidentiality is owed by a professional legal adviser to a client of the adviser.”

Much of the information held by a legal adviser will fall under that confidentiality exemption, providing an additional protection against...

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