Litigation Letter
Legal professional privilege
Prudential v HM Inspector of Taxes [2010] EWCA Civ 1094; SJ 19 October p5
The Court of Appeal has dismissed the appeal in the appeal in
Prudential PLC and Prudential (Gibraltar) Limited v Special Commissioner of Income Tax and Philip Pandolfo (HM Inspector of
Taxes)
, in which the Law Society had permission to intervene, in which it was held that legal advice privilege does not extend to
advice from, and communications with, accountants, even if it relates to advice about the law. The approach taken by the judge
was that legal advice privilege does not attach solely because of the purpose and nature of the advice but also because the
advice emanates from a member of the legal profession.