The recent judgement in the “Prudential” case re looked at the concept of legal advice privilege (LAP) and doesn’t bode well for those taking advice from non lawyers.
LAP applies to communications between lawyers and their clients made for the purpose of seeking or giving legal advice. The question was whether it could also apply to other professionals eg accountants and tax advisers. Unfortunately for Prudential, the Supreme Court refused to widen the definition. Thus for now any conversation between a client and another adviser (other than their lawyer) is not safeguarded. Not good news where for example in this case Prudential were taking advice on a tax avoidance scheme seeking to minimise the amount of tax payable to the HMRC.
This could directly affect the way advice is given by advisers to their clients. If decisions made in meetings were to later be challenged as unlawful, anything recorded could be used in evidence against the parties. Thus by not widening the scope of LAP, clients should think very carefully about the nature and context of discussion they are having with advisers especially around the area of tax advice.
On a more positive note, the judges invited Parliament to consider the issue and noted that the (failed) claimants had a ‘strong’ case. So the scene is set for an interesting future
DG Law were fantastic throughout our purchase process. We had a short, fixed, timeline to
DG Law supported us through a very difficult contractual negotiation to achieve exactly the outcome
We were very pleased with the way that DG Law helped us on our transaction
DG Law resolved a difficult lease renewal for us and their services were excellent –
I needed understanding and experienced legal advice. DG Law provided an excellent service at a
My experience was second to none – the service was professional and personal. DG Law
DG Law always step up to the plate on our transactions and handle the various
DG Law was recommended to me and my partner and I received excellent advice –
Having worked with DG Law a number/couple of times now, I have been really impressed
DG Law were constantly at hand, and kept pro-active throughout the thorny process of getting
DG Law came recommended to me and whilst setting up a new business it was
We were recommended three lawyers to handle the sale of our seven year old successful
We live by our core values of transparency, flexibility and being honourable – every day
We put ourselves in your shoes so we understand your problems from the inside out
We deliver our advice in a way that is easy to understand