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Christopher Cant

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Tax advisers may sleep easier at night because of a recent ruling by the House of Lords, says CHRISTOPHER CANT, barrister.

I WARNED ABOUT the problems posed for tax advisers by the new approach adopted by the Court of Appeal to 'fraudulent concealment' in the field of limitation of actions in two articles last year entitled 'Tax Professionals Under Attack', Taxation 30 August and 6 September 2001, pages 550 to 554 and 574 to 577 respectively. It was one of a number of developments in professional negligence claims which made life more difficult for tax advisers.

CHRISTOPHER CANT, barrister, concludes his examination of the law in relation to professional negligence and tax advisers.

In Part I of this article, published in last week's issue of Taxation, Christopher Cant discussed the impact of the Limitation Act and the terms of any retainer on professional negligence claims. This concluding instalment examines the standard of care and other relevant issues.

CHRISTOPHER CANT, barrister, discusses the developments in law regarding professional negligence and tax advisers.

Tax advisers, along with all professionals, have to be constantly aware of the possibility of claims for professional negligence. The very complexity of the subject and the never ending volume of information heightens such need. This has been emphasised by recent developments in the law applicable to limitations of actions and it is these developments which have led to this article. This aspect is therefore the main subject of this first instalment.

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