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21 October 2010
Issue: 7438 / Categories: Case law , Law reports
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Disclosure—Legal professional privilege—Communications between legal adviser and client

R (on the application of Prudential plc and another) v Special Commissioner of income tax and another [2010] EWCA Civ 1094, [201

Court of Appeal, Civil Division Mummery, Lloyd and Stanley Burnton LJJ, 13 Oct 2010

The Court of Appeal remains bound by the rule that legal professional privilege does not apply, at common law, in relation to any professional other than a qualified lawyer, save as expressly provided otherwise by statute.

Lord Pannick QC and Conrad McDonnell (instructed by PricewaterhouseCoopers Legal LLP) for the claimants. The first defendant was not represented. Timothy Brennan QC, Diya Sen Gupta and Laura McNair-Wilson (instructed by the Solicitor to HMRC) for the second defendant. Charles Flint QC (instructed by Simmons & Simmons) for the first intervener. Bankim Thanki QC and Ben Valentin (instructed by the Bar Council) for the second intervener. Sir Sydney Kentridge QC and Tom Adam QC (instructed by Herbert Smith LLP) for the third intervener.

The claimant companies had communicated with accountants seeking advice on fiscal liability. That advice had included consideration

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NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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