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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Shoosmiths takes a look at the key changes in employment law in store from this April.
Developments in technology like the new Apple Watch mean social media use in the workplace is only likely to increase. Shoosmiths looks at how employers should deal with it.
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…