ICAEW has consistently lobbied for a review of the laws of privilege.
Most recently, ICAEW has been granted leave to intervene when the Prudential case reaches the Supreme Court during 2012. Michael Izza has commented on the reasons for our intervention in his blog available.
The desire for reform will become more pressing post October 2011, when the first multidisciplinary practices involving lawyers and other professionals can form. ICAEW is concerned how the current laws of privilege will operate in a multi-disciplinary practice of the future and the anomalies are highlighted in this article.
In October 2010, ICAEW wrote to the Law Commission requesting that privilege be added to the 11th Programme of Law Reform however the request was not accepted. A copy of our letter is available here.
The Tax Faculty continues to highlight the issues and in their response to Budget 2010 stated as follows;
It is abundantly clear that the current legal position cannot be sustained post the introduction of multi-disciplinary practices under the Legal Services Act 2007. The only questions are how and when reform will happen.