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19 February 2016 / Jonathan Pickworth
Issue: 7687 / Categories: Opinion
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A blessing or a curse? Pt 2

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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
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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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