Our popular bulletins and events will keep you abreast of the latest legal developments.

Our annual keynote seminar was held on Tuesday, 18 June 2019 at the Vale Resort. Speakers included Simon Evans, Peter Bennett, Amanda Evans and guest speaker, Steven Ford QC.

This edition considers a highway tripping claim where a focused defence overcame the Claimant’s attempts to overcomplicate the matter and case summaries relating to fixed costs and the admissibility of covert recording evidence.

This edition considers recent case-law regarding fundamental dishonesty, the meaning of ‘use of vehicle’ and apportioning liability for speeding.

Our annual keynote seminar was held on Tuesday, 18 June 2019 at the Vale Resort. Simon Evans considered the impact of the Civil Liability Act 2018, Peter Bennett provided a regulatory update and Amanda Evans and guest speaker, Steven Ford QC, discussed recent developments following CN v Poole BC [2019] UKSC 25.

Our monthly review of developments in the insurance and public sector. This edition considers a highway tripping claim where a focused defence overcame the Claimant’s attempts to overcomplicate the matter and case summaries relating to the fixed costs regime and the admissibility of covert recordings as evidence.

This edition considers recent case-law regarding fundamental dishonesty, the necessity for bespoke life expectancy evidence, the meaning of ‘use of vehicle’ where a vehicle had been parked in a private garage which caught fire and apportioning liability for speeding.

Enquiries

Head Office

Capital Tower

Greyfriars Road

Cardiff

CF10 3AG

Tel: 029 2034 5531

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© Copyright Dolmans Solicitors 2019. Dolmans Solicitors are authorised and regulated by the Solicitors Regulation Authority No. 48860

Privacy Notice For Clients

 

  1. Important information and who we are

  2. The data we collect about you

  3. How is your personal data collected?

  4. How we use your personal data

  5. Disclosures of your personal data

  6. International transfers

  7. Data security

  8. Data retention

  9. Your legal rights

  10. Glossary


Introduction


Welcome to the privacy notice of Dolmans Solicitors.


Dolmans Solicitors respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and will tell you about your privacy rights and how the law protects you.
Please use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. Important information and who we are

 

Purpose of this privacy notice

 

This privacy notice aims to give you information on how Dolmans Solicitors collects and processes your personal data.
We do not knowingly collect data relating to children.


It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.


Controller


The partners of Dolmans Solicitors are the data controllers and are responsible for your personal data (collectively referred to as Dolmans Solicitors in this privacy notice).


Dolmans Solicitors has appointed a data protection lead (DPL) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data protection lead using the details set out below.


Contact details

 

Our full details are: Dolmans Solicitors


Name or title of DPL: Adrian Oliver


Email address: adriano@dolmans.co.uk


Postal address: Dolmans Solicitors, Capital Tower, Greyfriars Road, Cardiff, CF10 3AG


Telephone number: 02920 345531


You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


Changes to the privacy notice and your duty to inform us of changes


It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. The data we collect about you


Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).


In order to provide legal services to you, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Personal details including name, date of birth, identity and contact information.

  • Family and lifestyle details.

  • Financial details.

  • Payment details.

  • Contractual details including the services provided.

  • Identity data.

 

We may also collect Special Categories of Personal Data about you. This includes details about your health and genetic and biometric data when we are conducting personal injury type matters on your behalf.

 

Where we are dealing with a criminal matter on your behalf, we may need to collect information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of our contract for legal services and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you.

3. How is your personal data collected?

 

We use different methods to collect datafrom and about you including through:

 

Direct interactions. During the course of providing instructions you may provide us with your personal data by meeting with us in person, by corresponding with us by post, phone, e-mail or otherwise. This includes personal data you provide when you:

 

  • subscribe to our publications;

  • request marketing to be sent to you;

  • give us some feedback.

 

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
 

  • Public search providers or record keepers.

  • Press reports and social media.

  • Your medical professionals (for personal injury claims).

  • Your banks or building societies.

 

Other members of your family or those providing joint instructions.

Your employer (where relevant for personal injury or employment claims).

 

4. How we use you personal data

 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal or regulatory obligation.

  • Where we have your consent to send your our publications or invitations to our events.

 

For special categories of data, we will use your data in the following circumstances;

 

  • Your explicit consent by virtue of the Client Care letter being signed by you and returned to us

  • To protect your vital interests

  • To deal with any legal claims on your behalf

 

Other than for special categories of data, we do not generally rely on consent as a legal basis for processing your personal data other than in relation to sending any marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

Purposes for which we will use your personal data

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 
 
 
 

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a Client or to update our records upon a new instruction.

  1. Identity

  2. Contact

Performance of a contract with you
 

To take your instructions and provide you with the legal services you require including:

  1. Manage payments, fees and charges

  2. Collect and recover money owed to us

  1. Identity

  2. Contact

  3. Financial

  4. Transaction

  5. Health

  6. Family

  7. Employment

  8. Marketing and  Communications

  1. Performance of a contract with you

  2. Necessary for legitimate interests (to recover debts due to us)

  3. Dealing with legal claims on your behalf

  4. To comply with a legal obligation

To manage our relationship with you which will include:

  1. Notifying you about changes to our terms or privacy policy

  2. Asking you to leave a review/complete a questionnaire

  3. To provide you with our publications or invitations to our events

  1. Identity

  2. Contact

  3. Marketing and Communications

  1. Performance of a contract with you

  2. Necessary to comply with a legal obligation

  3. Necessary for our legitimate interests (to keep our records updated)

  4. Consent for our e-mail marketing

Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

 

Opting out

 

You can ask us to stop sending you marketing messages by contacting us at any time.

 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a legal service we have agreed to provide you with.

 

Change of purpose

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

 

In the course of providing legal services, we may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

 

  • The Courts, Tribunals and other official bodies.

  • Solicitors representing parties you are litigating against or we are transacting with on your behalf.

  • Barristers or other legal professionals we engage on your behalf.

  • Expert witnesses we engage on your behalf.

 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

6. International transfers

 

We do not transfer your personal data outside the European Economic Area (EEA). If we have cause to do so, we will raise this with you before hand.

 

7. Data security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

8. Data retention

 

How long will you use my personal data for?

 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, orreporting requirements.

 

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

Details of retention periods for different aspects of your personal data are set out in the terms of business which accompanied your Client Care letter. Further details are available in our retention policy which you can request by contacting us.

 

9. Your legal rights

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data.• Request access to your personal data.

 

  • Request correction of your personal data.

  • Request erasure of your personal data.

  • Object to processing of your personal data.

  • Request restriction of processing your personal data.

  • Request transfer of your personal data.

  • Right to withdraw consent.

 

If you wish to exercise any of the rights set out above, please contact our data protection lead.

 

No fee usually required

 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

What we may need from you

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Time limit to respond

 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

10. Glossary

 

Legitimate Interest means the interest of our practice in conducting and managing our business to enable us to7give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

 

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or totake steps at your request before entering into such a contract.

 

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

 

Your legal rights

 

You have the right to:

 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

 

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimategrounds to process your information which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect thelawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide services to you. We will advise you if this is the case at the time you withdraw your consent. lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide services to you. We will advise you if this is the case at the time you withdraw your consent.