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Redacted information in an SAR when case has been settled?


Smarterchick
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About a year ago I did a deal with my bank who I had a disagreement with over my mortgage.

 

They used a large firm of solicitors.

 

I recently applied to my bank for a Sub ject Access Request and found when it arrived that it had come from the solicitors via the bank, not directly from the bank. Now this dispute was settled between us and we have all moved on, but out of curiosity I asked the solicitors for a statement of truth that they had not removed any documentation or redacted any information before sending me these files and this is what they said:

 

"

In relation to your query regarding the Subject Access Request, I confirm that although some documents may have been redacted and documents protected by legal professional privilege have been removed, other than this I have only removed duplicate documents from the documents I received from my client."

My question is, am I not entitled to receive ALL files now that this has been resolved and can I ask for any redacted information to be 'unredacted'? How long does this 'legal priviledge last and will I ever be able to see what went on?

Thanks

SC

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To a degree, yes and I'd expect that, but since it has all been concluded then why the secrecy? Surely, any documentation with my name on it I should be a party to now?

 

If a document has redacted information on then would it not be proper to send me the document with the redactions, rather than remove the whole document altogether?

 

 

I just find it ' uncomfortable' that a solicitor gets their hands on my file and 'sorts it' before I get what they want me to see...I'm splitting hairs Donkey, but the devils in the detail sometimes and I'm after the detail...as we are prone to be doing on CAG...

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My question is, am I not entitled to receive ALL files now that this has been resolved and can I ask for any redacted information to be 'unredacted'? How long does this 'legal priviledge last and will I ever be able to see what went on?

 

 

The simple answer is No you are not entitled to see anything that is legally privileged and it lasts forever.

 

It has been the case for a very long time in the UK that legal advice is priviliged and there was also a recent case at the European Court confirming that this also comes under Article 8 of the European Convention on Human Rights.

 

If you're interested, there's a case here that goes into a lot of detail about the history of legal privilege R v Derby Magistrates Court, ex p. B [1995] UKHL. It starts from about para 34:-

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKHL/1995/18.html

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