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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

Druces LLP—Afsor Ullah

Druces LLP—Afsor Ullah

Partner appointed head of Islamic finance

Birketts—Rachel Frost-Smith

Birketts—Rachel Frost-Smith

Legal director named as new head of children

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

NEWS
Criminal defence lawyers have expressed dismay at the Lord Chancellor David Lammy’s plans to reduce the backlog by scaling back jury trials to murder, rape, homicide and other indictable crimes where the sentence is three years or more
MPs will vote next week on an amendment to fast-track the change to the unfair dismissal qualifying period, as the government’s flagship Employment Rights Bill returns to the Commons
Barristers have been warned to be on guard against anthropomorphism, hallucinations, information disorder, bias in data training, mistakes, data protection blunders and confidential data leaks when using generative artificial intelligence (AI)
Legal aid lawyers have welcomed increased fees for criminal, housing and immigration work
Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland
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