Update, 20 October 2010: the decision was confirmed on appeal: Prudential Plc, R (on the application of) v Special Commissioner of Income Tax[2009] EWHC 2494 (Admin). Here is a note from a firm named Hogan Lovells.
Original post: Tax advice is given by lawyers and accountants alike. Lawyers’ advice is privileged by legal professional privilege (also known as client legal privilege), but accountants’ advice is not, at least not under the advice limb. If you ever need authority for that proposition, it is Regina (Prudential plc and Another) v Special Commissioner of Income Tax [2009] EWHC 2494 (Admin), a decision of the English High Court. English firm Herbert Smith’s note is here. The Times‘s Report is here.
See also:
- New English decision on without prejudice privilege and mediations
- Limitation periods and contractual alternative dispute resolution procedures
- Auditors’ liability for failure to ‘blow whistle’ on fraud
- Double jeopardy and disciplinary proceedings
- Latest decision on implied waiver upon suing former solicitors
