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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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During a tenant eviction my lawyer has sent my tenant details

Resolved Question:

During a tenant eviction my lawyer has sent my tenant details
of my works address and my position.
My tenant has said he will use this information for unlawful purposes.
Do i have any right of complaint ?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
How did your lawyer manage to do that?
Customer: replied 2 years ago.

i asked for a copy of everything that was sent to my tenant and within writs and the likes was basically a document that i use for payment purposes which lists my employers address it was enclosed in the middle of different documents, that i believe i originally supplied them for proof of my occupation.

Expert:  JGM replied 2 years ago.
If this was a document that had to be lodged in court as part of the case then the tenant is entitled to a copy. If it wasn't then you would have cause for complaint.
Customer: replied 2 years ago.

The case has just been raised this is the first action, the action is ordinary cause action for eviction and monies sought. In a case like this it would not be standard practise to do this ?

What action could I possibly take ?

Expert:  JGM replied 2 years ago.
In an ordinary cause action any documents that are founded upon in the Inirial Writ have to be lodged in court. Any documents required for the case generally can be lodged at any stage up to the few weeks before proof. If the document had to be lodged then it had to be lodged. If it was not necessary for the case then you wouldn't lodge it.
However, did you tell your lawyer that you didn't want anything with personal details lodged if it could be avoided. You lawyer is trying to lodge the documents to prepare a case for you and will not necessarily focus on your personal privacy. Is it not the case that you should be sending a letter from your lawyer warning the tenant against making threats and perhaps reporting the matter to the police rather than critisising your lawyer?
Happy to discuss.
Customer: replied 2 years ago.

As a layman I was under the impression my representative would not give out any information especially personal information unless he was legally obliged to and I would not have to state that I objected to this when I see that as being read.

I agree it is more a police matter but I feel I have been put in a bad position due to this.

Are solicitors bound by the data protection act ?

Expert:  JGM replied 2 years ago.
Yes, the Data Protection Act relates to electronic data, though, not documents lodged in court for litigation.
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