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A blessing or a curse? Pt 2

19 February 2016 / Jonathan Pickworth
Issue: 7687 / Categories: Opinion
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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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