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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

Boodle Hatfield—Tom McLaughlin

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Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

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National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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