The speculative fisherman
Since the advent of the civil procedure rules, litigators have had to face tougher restrictions on the disclosure of information. Claire McDougall looks at an easier and cheaper way to trawl for information
It is unlikely that the draftsmen responsible for the Data Protection Act 1998 (DPA) anticipated that it would be used as a tool for litigators to pre-empt the disclosure rules set out in the Civil Procedure Rules (CPR). Anecdotal evidence suggests, however, that individuals are engaging in speculative fishing expeditions to assist them with a claim.
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