header-logo header-logo

15 February 2013 / Julian Copeman
Issue: 7548 / Categories: Features , Commercial
printer mail-detail

A privileged position?

Julian Copeman investigates the impact of the Prudential case on legal advice privilege

On 23 January 2013 in R (on the application of Prudential plc) v Special Commissioner of Income Tax [2013] UKSC 1 the Supreme Court confirmed by a majority of five to two that legal advice privilege (LAP) cannot be claimed in respect of confidential communications between accountants and their clients for the purpose of requesting or providing legal advice, but can be claimed only where such communications are between qualified solicitors, barristers or foreign lawyers (including in-house lawyers) and their clients.

Background

The case arose when HMRC gave formal notice to Prudential seeking production of documents relating to a tax avoidance scheme it had entered into. Prudential judicially reviewed the notices, arguing that they unlawfully required Prudential to disclose documents that were subject to LAP. In particular, Prudential asserted that documents by which it had sought or received legal advice on tax matters from its accountants were covered by LAP.

Prudential argued that LAP should be available for advice

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll