Supreme Court Next Stop in Legal Privilege Case

Posted: 19th April 2011

As expected, insurer the Prudential is to appeal to the Supreme Court following the Court of Appeal’s decision that communications with its tax advisers (a leading firm of accountants) relating to its tax planning were not professionally privileged.

Legal professional privilege is a doctrine that applies to communications between legal advisers and their clients and means that communications passing between them cannot normally be required to be used in evidence in court.
The Supreme Court granted leave of appeal to the Prudential on 14 April. The Prudential argues that it is unfair that only communications with its legal advisers are privileged, claiming that communications with other professional advisers advising on quasi-legal matters should also be privileged.
The Institute of Chartered Accountants in England and Wales is backing the appeal.