Legal advice privilege and litigation privilege provide an important safeguard for taxpayers, especially when interacting with organisations such as HMRC, which have extensive information gathering powers. The scope of legal professional privilege is not always straightforward to apply in practice, however, and there are numerous pitfalls to be aware of, as well as practical steps that can ensure privilege is preserved. Where disagreements over privilege arise, a specific dispute resolution mechanism is available but strict deadlines apply.
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Legal advice privilege and litigation privilege provide an important safeguard for taxpayers, especially when interacting with organisations such as HMRC, which have extensive information gathering powers. The scope of legal professional privilege is not always straightforward to apply in practice, however, and there are numerous pitfalls to be aware of, as well as practical steps that can ensure privilege is preserved. Where disagreements over privilege arise, a specific dispute resolution mechanism is available but strict deadlines apply.
If you are not a subscriber, subscribe now to read this content.