header-logo header-logo

09 November 2018 / Michael Zander KC
Categories: Features
printer mail-detail

Legal professional privilege: where are we now?

Michael Zander QC considers the Court of Appeal’s recent decision in SFO v ENRC

The reach of legal professional privilege has been widened by the Court of Appeal’s important decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd v Law Society [2018] EWCA Civ 2006, [2018] All ER (D) 05 (Sep) (Also see ‘SFO v ENRC: the right outcome?’ NLJ, 2 November 2018).

The defendant company (ENRC) claimed privilege for documents generated during investigations into its activities by its solicitors and forensic accountants following allegations of fraudulent practices raised by a whistle blower. The documents in issue included notes made by ENRC’s outside solicitors of some 184 interviews, including with its current and former employees, officers of the company or of its subsidiaries, and with suppliers and other third parties with whom they had had dealings. The Serious Fraud Office (SFO) contended that the documents were not the subject of legal professional privilege.

At first instance, Mrs Justice Andrews agreed with

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll