The question as to whether legal professional privilege (LPP) should be extended to non-legally qualified advisers is to be decided in the Supreme Court.
It has granted leave for Prudential to contest the Court of Appeal judgment of 13 October 2010, which unanimously confirmed that LPP does not apply to any professionals other than qualified lawyers.
The Law Society plans to intervene in the appeal before the Supreme Court so that it has the society’s views on LPP, as it did before the Court of Appeal.
Law Society president Linda Lee said her organisation will ‘ensure that the scope of LPP remains clear and certain, so that it remains an important safeguard for clients who seek and obtain legal advice’.
The issue as to how far LPP should extend is not confined to the UK. Last week, the Australian government issued a discussion paper entitled Privilege in Relation to Tax Advice, to consider whether LPP should be extended to tax advisers who are not legally qualified.