The UK Supreme Court has granted Prudential
permission to appeal against a previous ruling that Legal
Professional Privilege (LPP) can only apply to lawyers.
Financial services group Prudential had
earlier tried to use the court to extend the LPP rules for advice
it had received from tax advisers PwC in an effort to block HM
Revenue & Customs from obtaining information.
In October 2010, the UK Court of Appeal
unanimously confirmed that LPP does not apply to any other
professionals except for qualified lawyers – solicitors and
barristers. It also stressed the need for a clear and certain
application of LPP pointing out that when applied to members of the
legal profession acting in a professional capacity, clarity and
certainty is currently sufficient.
The Law Society said it plans to intervene in
the appeal before the Supreme Court so that it has the benefit of
the Society’s views on LPP, as the Court of Appeal had