header-logo header-logo

It pays to be privileged

29 October 2010 / Mike Willis
Issue: 7439 / Categories: Features , Profession
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
back-to-top-scroll