header-logo header-logo

A blessing or a curse? Pt 2

19 February 2016 / Jonathan Pickworth
Issue: 7687 / Categories: Opinion
printer mail-detail
nlj_7687_pickworth

Has the SFO shifted its stance on waiving privilege? Jonathan Pickworth asks for clarity

Matthew Wagstaff’s comments on my recent article on deferred prosecution agreements (DPAs) are interesting, but he is splitting hairs ("DPAs: a blessing or a curse? Response from Matthew Wagstaff, Joint head of Bribery and Corruption Division, Serious Fraud Office). 

On the one hand, Mr Wagstaff says that a waiver of privilege is not required, but he also reinforces the point made in my original article—and set out in the Deferred Prosecution Agreements Code of Practice—that it is expected that notes of witness interviews will be handed over. This would necessarily involve a waiver of privilege. At least that would be the view of most practitioners. It is also interesting to note comments made by senior individuals at the Serious Fraud Office (SFO) over the past couple of years on this very point (available to read in full at www.sfo.gov.uk).

  • “What…co-operation looks like will differ from case to case, but it may well include proactive, self-reporting: speedy
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll