The Court of Appeal heard an appeal in July 2010 against the decision that privilege protects legal advice given by a lawyer and not to legal advice given by a non-lawyer such as an accountant. Those who obtain tax advice from accountants need to be aware that the advice they receive is vulnerable to disclosure even though the same advice would be privileged had it been given by a lawyer. The judgment is expected in October 2010 (R (Prudential plc) v Special Commissioner of Income Tax).
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Privilege and tax advice
- Mills & Reeve LLP
- Miranda Whiteley
- United Kingdom
- September 30 2010
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Don Sangster
Legal Department Administrator
Jovian Capital Corporation