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21 October 2010
Issue: 7438 / Categories: Case law , Law reports
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Disclosure—Legal professional privilege—Communications between legal adviser and client

R (on the application of Prudential plc and another) v Special Commissioner of income tax and another [2010] EWCA Civ 1094, [201

Court of Appeal, Civil Division Mummery, Lloyd and Stanley Burnton LJJ, 13 Oct 2010

The Court of Appeal remains bound by the rule that legal professional privilege does not apply, at common law, in relation to any professional other than a qualified lawyer, save as expressly provided otherwise by statute.

Lord Pannick QC and Conrad McDonnell (instructed by PricewaterhouseCoopers Legal LLP) for the claimants. The first defendant was not represented. Timothy Brennan QC, Diya Sen Gupta and Laura McNair-Wilson (instructed by the Solicitor to HMRC) for the second defendant. Charles Flint QC (instructed by Simmons & Simmons) for the first intervener. Bankim Thanki QC and Ben Valentin (instructed by the Bar Council) for the second intervener. Sir Sydney Kentridge QC and Tom Adam QC (instructed by Herbert Smith LLP) for the third intervener.

The claimant companies had communicated with accountants seeking advice on fiscal liability. That advice had included consideration of legal matters. Notices under s 20

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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