Data Protection (Partial) Good News for Insolvency Practitioners

Data Protection (Partial) Good News for Insolvency Practitioners

Re Southern Pacific Personal Loans Ltd [2013] EWHC 2485 (Ch), [2013] All ER (D) 63 (Aug)

After a company had entered voluntary liquidation, liquidators were appointed. The company continued to receive subject access requests (SARs) under DPA 1998. The cost of processing these applications was depleting the funds available for distribution. The liquidators applied to the court for declarations as to their responsibilities under DPA 1998 in their role as liquidators for the company. The Companies Court decided the liquidators were not data controllers within the meaning of DPA 1998, s 1(1) in respect of the data processed by the company prior to its liquidation and, subject to certain qualifications, the liquidators could dispose of all personal data in respect of which the company was the data controller, so long as the disposal was effected in a manner which complied with DPA 1998

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About the author:

Frances gained her LLB (Hons) at Kings’ College, London University in 1983. She then attended Chester College of Law to take what were then the Solicitors’ Final Examinations. She has been at Moon Beever since 1984 where she trained, qualifying in 1986, and a partner since 1988 becoming Managing Partner in 2000. She is also a founder partner of ShawnCoulson, an international association, of which Moon Beever is the London office. She is Head of Insolvency and Business Recovery at Moon Beever running a substantial team of insolvency specialists. She undertakes most areas of personal and corporate insolvency, specialising in contentious insolvency especially cases involving fraud, as well as provisional liquidations and injunctive work generally.

She is Chairman of the Appeal Committee at ACCA and a member of the Insolvency Law Evaluation Panel at the Insolvency Service, and CBI Insolvency Panel as well as a member of Insol, and the IBA and, veering towards the personal, of the NFU, and the Carlton Club.

Frances is a regular speaker in the UK and abroad on insolvency and practice management.

Frances was formerly Chairman of the SPG Committee of R3, the Insolvency trade body representing 97% of licensed insolvency practitioners. She is President of R3 for 2011-2012, and remains a member of its R3 Policy Group.

She is interested in all things equestrian as are her three daughters and her husband, and spends her free time (such as it is) with her family and other animals, riding and trying to improve her strokes at Real Tennis.