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

Exclusive ITR data emphasises that DEI does not affect in-house buying decisions – and it’s nothing to do with the US president
The firms made senior hires in Los Angeles and Cleveland respectively; in other news, South Korea reported an 11% rise in tax income, fuelled by a corporation tax boom
The ‘deeply flawed’ report is attempting to derail UN tax convention debates, the Tax Justice Network’s CEO said
Salim Rahim, a TP specialist, had been a partner at Baker McKenzie since 2010
While the manual should be consulted for any questions around MAPs, the OECD’s Sriram Govind also emphasised that the guidance is ‘not a political commitment’
The landmark Indian Supreme Court judgment redefines GAAR, JAAR and treaty safeguards, rejects protections for indirect transfers and tightens conditions for Mauritius‑based investors claiming DTAA relief
The expansion introduces ‘business-level digital capabilities’ for tax professionals, the US tax agency said
As tax teams face pressure from complex rules and manual processes, adopting clear ownership, clean data and adaptable technology is essential, writes Russell Gammon, chief innovation officer at Tax Systems
Partners want to join Ryan because it’s a disruptor firm, truly global and less bureaucratic, Tom Shave told ITR
If Trump continues to poke the world’s ‘middle powers’ with a stick, he shouldn’t be surprised when they retaliate
Gift this article