header-logo header-logo

Legal professional privilege: where are we now?

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

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

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