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15 February 2013 / Julian Copeman
Issue: 7548 / Categories: Features , Commercial
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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

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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