Legal News

Supreme Court confirms that legal advice privilege is restricted to lawyers (Prudential v Special Commissioner)

Published on: 24 January 2013

Table of contents

  • Practical implications
  • Court details
  • Facts
  • Judgment
  • The ambit of LAP is generally understood
  • Principled arguments for allowing or dismissing the appeal
  • Uncertainties and Unknown Consequences
  • Policy issue best left to Parliament

Article summary

Legal advice privilege should not be extended to advice given by professional people other than lawyers, even where that advice is legal in nature. To allow such an extension would lead to ambiguity in the application of the established rules and principles connected with legal advice privilege. Any such extension should be considered by Parliament rather than the courts.

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