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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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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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