Legal Advice Privilege

Supreme Court confirms that client’s right to claim Legal Advice Privilege only applies to advice given by professionally qualified lawyers

In its recent judgment in R (on the application of Prudential plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1, the Supreme Court upheld by a majority of 5:2 the previously accepted proposition that Legal Advice Privilege only applies to legal advice given by professionally qualified lawyers. In the absence of further statutory extensions, legal advice given by non-lawyers does not confer the benefit of the privilege on its clients.

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