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So the peson seeking advice should have the choice when seeking tax advice. That person currently has no choice if that person wishes the contents of the advice to be privileged. The rule that the same advice from an accountant would not be privilieged would appear to distort the market for such advice. That is the issue. The client should have the choice.

In the Supreme Court, it seems clear that the justices in the majoirty were not entirely convinced by any principle supporting the current law. See Lord Neuberger: 43."The principled arguments for restricting LAP to communications with professional lawyers which have been put forward appear to me to be weak, but not wholly devoid of force". And Lord Hope: "A search for a principled answer might well lead one to the conclusion that there was no good reason at all for holding that the tax advice of chartered accountants should be treated differently from similar advice given by a barrister or a solicitor."

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