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Specialism: Lawyers Contentious Trusts, Non-contentious Trusts
Company: McDermott Will & Emery
Location: London, England
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Average client size: Over £25 million
Fixed fee offering: Yes - We offer clients a range of alternative financing methods, including fixed fees, to be discussed and agreed at the start of the engagement
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. With 20+ locations on three continents, our team works seamlessly across practices, industries and geographies to deliver highly effective—and often unexpected—solutions that propel success. More than 1,100 lawyers strong, they bring their personal passion and legal prowess to bear in every matter for their clients and the people they serve.
Number of offices globally: More than 5
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Access to information under Data Protection Act
Ziva and her team acted for a beneficiary of a Bahamian trust and her adult children in the landmark Court of Appeal case of Dawson-Damer v Taylor Wessing. The case was brought by Ziva’s clients pursuant to the Data Protection Act. Taylor Wessing, as data controller, is the legal representative of a trustee (or former trustee). The client made subject access requests under Section 7 of the DPA to Taylor Wessing in the context of a trust dispute in the Bahamas. Taylor Wessing declined to respond to those requests, relying on legal privilege as a general answer. The High Court found in favour of Taylor Wessing, a judgment we subsequently overturned in the Court of Appeal this year. The Court of Appeal ordered Taylor Wessing to comply with their obligations under the DPA, rejecting their arguments on privilege and the role of solicitors as agents for their clients.
The case also involved highly significant, first-of-their-kind issues relating to beneficiaries’ rights of information and the interplay of those rights with the Data Protection Act, showcasing Ziva’s expertise in the most complex of cases. In addition, the team were directly opposing Band Two ranked Taylor Wessing as defendant, highlighting the level at which this team operates.