Legal advice privilege does not apply to advice given by a professional other than a lawyer
On 23 January 2013, the Supreme Court handed down its judgment in the case of R (on the application of Prudential plc and another) v Special Commissioner of Income Tax (2013) UKSC 1, confirming the Court of Appeal’s decision that legal advice privilege does not apply to legal advice given by a professional other than a lawyer.
Even though this particular case relates to tax advice provided by accountants, the Supreme Court stressed that the principle is wider, and so affects all professionals who, though they are not lawyers, provide legal advice in the course of their business. Professionals in the real estate sector often provide legal advice to clients in their particular area of expertise. It is not always possible for all advice to come from a legal professional, so it is worth taking precautions to reduce the possibility of having to disclose information to the other side, if the matter becomes contentious…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Remedies for breach of contract: Scottish courts will enforce payment and performance, not just damages
If one party to a contract threatens not to perform their obligations, the innocent party has different options depending on whether they are able to raise court proceedings north or south of the border.
The rules surrounding the calculation of holiday pay are notoriously complex and have resulted in a number of claims before the Employment Tribunal.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…