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01 February 2013
Issue: 7546 / Categories: Case law , Law reports , In Court
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Privilege—Legal professional privilege—Scope

R (on the application of Prudential plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1, [2013] All ER (D) 146 (Jan)

Supreme Court, Lord Neuberger P, Lord Hope DP, Lord Walker, Lord Mance, Lord Clarke, Lord Sumption and Lord Reed SCJJ, 23 January 2013 

Legal advice privilege does not extend to communications in connection with advice given by professional people other than lawyers, even where that advice constitutes legal advice which that professional person is qualified to give, such as tax advice by a specialist tax accountant.

Lord Pannick QC and Conrad McDonnell (instructed by PricewaterhouseCoopers Legal LLP) for the claimants. James Eadie QC and Patrick Goodall (instructed by Solicitor to Her Majesty’s Revenue and Customs) for the defendants.

In 2004, an international firm of chartered accountants (PwC) devised a marketed tax avoidance scheme (the scheme), which they disclosed to the Commissioners for Inland Revenue (HMRC). It implemented the scheme for the benefit of the group of companies of which the claimant companies formed

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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