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Disclosure by another name?

SARs will remain a valuable tool in a litigator’s armoury and should be a first port of call in many types of litigation, advises Jason Woodland

6 September 2017

One of the main focuses for any common law lawyer reviewing a potential dispute is to identify the documents which will support their client’s case, or undermine their opponent’s. A strategy is then put in place to secure those documents not in the client’s possession, either by obtaining an order for disclosure in the litigation against the other party, or by utilising the court’s powers to order disclosure by a third party.

With the modern day focus on personal data, and how it is captured, stored, and utilised by third parties, it is inevitable that the interaction between rules designed to regulate the use of personal data and disclosure for the purposes of litigation will increase. The courts have begun to deal with these issues, most recently in Dawson-Damer and others v Taylor Wessing LLP [2017] EWCA Civ 74.

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