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 Third Party Solicitors

  1. Important information

  2. The data we collect from your client

  3. The sources of the data

  4. The third parties we may share the data with

  5. The lawful basis for processing the data

  6. Technical and organisational security measures

  7. Marketing/contacting your client

  8. International transfers

  9. Data retention

 

Introduction

 

In the course of defending non-litigated and litigated claims on behalf of our Clients, Dolmans Solicitors will collect, process and share the personal data and special categories of personal data (“Data”) belonging to your Clients.

 

It is your responsibility to ensure your Clients are made aware of how Dolmans Solicitors will obtain and use their Data and to obtain the necessary consents or contractual agreements for their Data to be processed by Dolmans in the ways set out in this notice.

 

Dolmans Solicitors respects the privacy of your Client’s data and is committed to protecting it.

 

It is important that the personal data we hold about your Clients is accurate and current. Please keep us informed if your Client's personal data changes during the course of the claim.

 

1. Important information

 

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, please contact the data protection lead using the details set out below.

 

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

 

2. The data we collect from your client

 

In the course of providing defendant litigation services, Dolmans will receive Data from Defendant Litigation Clients and/or their claims handlers / insurers as follows;

 

  • Personal details including name and contact information.

  • Date of birth.

  • Gender.Marital status.

  • Government identification numbers.

  • Education and training details.

  • Bank account details and payroll information.

  • Wage and benefit information.

  • Performance information.

  • Employment details.

  • Claim details.

  • Surveillance data.

  • Social media data.

  • Criminal convictions data.

 

The instructions may also include special categories of personal data, including data relating to a Claimant’s:

 

  • Racial or ethnic origin;

  • Political opinions;

  • Religious or philosophical beliefs;

  • Trade-union membership;

  • Genetics, social care, biometrics or health; and

  • Sex life or sexual orientation.

 

3. The sources of the data

 

The Data gathered concerning your Client will typically come from the following sources;

 

  • Defendant Litigation Clients, their claims handlers, other lawyers or insurers.

  • Claimant’s solicitors (you)

  • Claimant’s GP or treating hospital – where the Claimant provides explicit consent.

  • Claimant’s employer – where the Claimant provides explicit consent.

  • Medical or other experts instructed either on behalf of the Claimant or a Defendant Litigation Client

  • Third party investigators or surveillance providers.

 

4. The third parties we may share the data with

 

Dolmans Solicitors may disclose Data in respect of your Clients to the following categories of recipients:

 

  • Barristers, their Chambers and Clerks

  • Medical or other experts

  • Third Party Solicitors

  • Costs professionals.

  • The Courts, tribunals or other official government agency (the DWP for example).

  • Auditors and professional advisors, such as lawyers and consultants.

  • Local government and law enforcement officials.

  • Third party investigators or surveillance providers.

  • Third-party service providers, such as providers of:

    • IT system management;

    • Secure destruction companies.

We require all third parties to respect the security of your client's personal data and to treat it in accordance with the law.

 

We will not authorise third-party service providers to use Data for their own purposes and will only permit them to process Data for specified purposes and in accordance with our instructions.

 

5. The lawful basis for processing the data

 

Dolmans Solicitors processes Data on behalf of Defendant Litigation Clients of the practice for the following purpose(s):

 

  • For the provision of contractual legal services.

  • In the case of local authority clients – pursuant to the public task requirements.

  • Legal obligation – CPR disclosure and / or Court Orders

 

For special category data, Dolmans relies upon the following conditions;

  • It is necessary for the establishment, exercise or defence of legal claims.

 

Dolmans makes limited personal data transfers subject to the second subparagraph of Article 49(1) which are necessary for the Data Controller’s compelling legitimate interests or, in the context of local authority clients, pursuant to their public task provisions.

 

6. Technical and organisational security measures

 

Dolmans Solicitors has implemented the following technical and organisational security measures to protect Data:

 

  • Encryption of personal data.

  • Access control and user authentication.

  • Employee training on information security and GDPR.

  • Written information security policies and procedures.

  • Cyber Essentials Plus.

  • GDPR compliant third party companies who have access to data.

  • GDPR policies and procedures are in place.

 

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

 

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

 

7. Marketing/contacting your client

 

We will not use Data you provide to us for marketing purposes or to contact your Client (unless you authorise us to do so).

 

8. International transfers

 

We do not transfer Data outside the European Economic Area (EEA). If we have cause to do so, we will raise this with you beforehand.

 

9. Data retention

 

We will only retain Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, reporting or regulatory requirements.

 

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