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29 October 2010 / Mike Willis
Issue: 7439 / Categories: Features , Profession
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It pays to be privileged

Mike Willis considers whether lawyer-confined privilege is prudential

In the recent case of R (on the application of Prudential Plc) v Special Commissioner of Income Tax [2010] EWCA Civ 1094, [2010] All ER (D) 132 (Oct), the applicant taxpayers challenged Revenue notices requiring disclosure of certain documents containing tax-related legal and regulatory advice on grounds they are privileged, notwithstanding the advice came from accountants, not lawyers.

They argued there is no functional difference between a lawyer or an accountant giving such advice, because both are subject to professional controls and ethical duties, and it should not matter whether it comes from a law firm or some other professional provider. The Court of Appeal has rejected their case, with some principled explanation for why the doctrine always has been, and arguably should still be, applied exclusively to lawyers’ advice; but more dominantly because they were bound by existing case law so that, if the rules of privilege are to be changed, it has to be done by Parliament.

Tub-thumping

Campaigners for wider application

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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