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Mehjoo: Accountant’s duty to advise client on tax issues

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The recent High Court decision in Mehjoo concerned whether the defendants had a contractual or tortious duty, as reasonably competent and generalist accountants, to advise the claimant that: he had, or very probably might have, non-domiciled status; non-domiciled status carried with it very significant tax advantages; and he should, therefore, take advice from specialists in this area. The case confirmed that accountants and other professional advisers, such as solicitors, must remain alive to the professional duties that they owe to their clients to ensure that they receive proper advice, or are referred to other professional advisers who have the necessary expertise to enable advice in a particular specialist area to be given.

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