UK Supreme Court Prudential case could mean significant loss of business for accountants

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UK Supreme Court Prudential case could mean significant loss of business for accountants

prudential-reduced.jpg

The UK Supreme Court is delivering its judgement in Prudential’s case against HM Revenue & Customs (HMRC) tomorrow. The court will decide whether legal professional privilege (LPP) should cover communications between taxpayers and accountants as well as lawyers.

Prudential argued its case at the hearing in November where it defended the non-disclosure of documents relating to legal advice on tax matters it had received from accountancy firm PwC on the basis that they were protected by LPP.

HMRC demanded to see the documents because they related to a marketed tax avoidance scheme Prudential had entered. The revenue authority said advice from accountants is not covered by LPP.

The Supreme Court was asked to consider:

  • whether under common law, LPP applies to communications between a client seeking and an accountant giving advice on tax law;

  • the nature of the principles underlying LPP, the purpose of LPP and whether its application to advice on tax law from accountants would promote that purpose;

  • the relevance of the Human Rights Act 1998 and the European Convention on Human Rights which Prudential contends prohibit HMRC from refusing to allow LPP for the legal advice from accountants on tax law;

  • the scope of LPP under common law;

  • whether only parliament should decide whether or not LPP should apply to legal advice on tax law from accountants; and

  • the Court of Appeal’s decision in Wilden Pump Engineering Co v Fusfeld which held that LPP did not apply to patent agents, though the Supreme Court is not bound by this decision.

The Supreme Court’s ruling will affect taxpayers and advisers.

If HMRC wins its case, lawyers will have a competitive advantage over accountants when advising clients on tax law.

This will hit taxpayers since, depending on the importance placed on LPP, they may be pushed towards seeking tax legal advice from lawyers rather than accountants even if an accountancy firm has greater expertise, simply to ensure LPP.

Read a full analysis of the ruling on ITR Premium's Tax Disputes section here. 

Further reading

Prudential loses legal privilege challenge

Supreme Court agrees to hear Prudential’s challenge to LPP

Canadian Federal Court rules on solicitor-client privilege

Why tax authorities need to respect client privilege

more across site & shared bottom lb ros

More from across our site

Shiny new offices like Ryan’s in London Bridge aren’t just a cost – they signal that a firm is willing to align with its clients’ interests
Darren Graves will succeed Richard Houston, who is set to lead Deloitte EMEA; in other news, Morgan Lewis hired a three-partner tax team in New York
India also signed its first-ever bilateral APAs with France, Ireland, Indonesia and Sweden last year, the CBDT revealed
Chile’s revamped GAAR marks a shift toward structural scrutiny, pushing MNEs to strengthen tax governance, economic substance and compliance strategies
New reforms represent the most seismic shift in Canadian TP legislation since its enactment and a clear inflection point for MNEs, ITR has heard
Spain did not transpose EU VAT rules for SMEs or works of art; in other news, an increased VAT threshold came into force in South Africa
While the IBS incorporates taxable events previously covered by state and municipal taxes, its governance and operational logic represent a significant departure from the legacy model
The new office on the fourth floor of 4 More London will span 14,230 square feet, with the potential to expand to the first and second floors
MNEs now face a shift from modelling to execution as the side‑by‑side deal forces tax teams to upgrade systems, harmonise data, and prevent costly pillar two mismatches
As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Gift this article