Litigation privilege does not apply to tax advice from accountancy firms, rules High Court

In a recent High Court case, a taxpayer (Sports Direct) tried to resist disclosing advice on a tax structure provided by Deloitte. Instead of legal advice privilege, Sports Direct tried to rely on litigation privilege, arguing that the structure had been in place for the purpose of responding to the anticipated threat of litigation from the tax authorities. Jonny Mitchell outlines the case.

Related briefings

Firms told to look out for domestic abuse signs

The pandemic is making employers and employees re-assess the value of the workplace. One factor, as Business Minister Paul Scully MP has pointed out, is rarely considered: are employees being subjected to domestic abuse?

Website cookies crumble as they fail to meet legislation

Over a year after the Information Commissioner’s Office introduced new guidelines on website cookies, a large proportion of UK websites are failing to meet the new regulations, leaving website visitors’ data open to abuse and website owners open to significant fines.

UK Supreme Court rules on apparent bias of arbitrators

In Halliburton Company v Chubb Bermuda Insurance Ltd, the UK Supreme Court has ruled that arbitrators are subject to a legal duty of disclosure under English law with regards to any facts or circumstances which might give rise to a real possibility of bias.

Personal loans or personal risk?

The impact of Covid-19 and the resultant financial pressure has raised the question for many entrepreneurs of how to finance their businesses. Helen Ingram looks at what entrepreneurs should consider.

Latest Briefings

Loading NIS directive 2.0 for higher cybersecurity protection

Given that the landscape of threats has significantly expanded, it comes as no surprise that the European Commission has proposed a revised version of the Directive concerning measures for a high common level of security of network and information systems across the Union.

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FSCS chief counsel leads shake-up of legal team

The Financial Services Compensation Scheme (FSCS) has rejigged its legal team as part of a wider restructuring. The changes follow James Darbyshire’s appointment as chief counsel in September, having initially taken on the role on an interim basis in April. At the time, a chief counsel team was created, which merged together legal and recoveries, company […]

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UK200: The Independents – Furlough aids firms through challenging year

Research carried out by The Lawyer suggests that the overwhelming majority of the UK’s second 100 law firms took advantage of the UK Government’s Coronavirus Job Retention Scheme during the first wave of lockdown this year. Every one of the 39 firms interviewed for the UK 200: The Independents report had used the furlough scheme […]

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Linklaters leads for Caffè Nero on CVA

Linklaters is acting for Caffè Nero on the launch of its company voluntary arrangement (CVA). The coffee house chain has become the latest high-profile business casualty of the Covid-19 pandemic and has appointed KPMG as administrators. Linklaters restructuring and insolvency partner Richard Hodgson is leading for Caffè Nero, alongside managing associate Damien Gomez. The chain […]

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Mayer Brown promotes City duo in 27-strong round

Mayer Brown has promoted two lawyers to partner in London in a round that saw 27 lawyers given the nod globally. Effective from 1 January 2021, the newly-minted City partners are restructuring lawyer Sheena Frazer and international arbitration lawyer Rachael O’Grady. Frazer began her legal training at DLA Piper in 2005. Spending a spell as […]

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