The latest decision by the English Court of Appeal in the
long-running case of Dawson-Damer v Taylor Wessing LLP [2020]
EWCA Civ 352 has again highlighted the thorny issue of a
beneficiary's right of access, under data protection law, to
information pertaining to the deliberations of trustees.
Dawson-Damer concerned a significant trust created
under Bahamian law which had two beneficiaries, George and John.
The trustee made appointments to a new trust for George's
children which were challenged in 2015 in the Bahamian courts by
the wife of the now deceased John, Ashley. Under Bahamian law,
Ashley was not permitted access to the trustee's deliberations
in relation to the appointments. The trustee had appointed the UK
law firm Taylor Wessing to advise in relation to the trust and
Ashley and her children also made subject access requests under UK
data protection law to Taylor Wessing. These requests were
presumably made in the hope that this would provide the
