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SFO v ENRC: the right outcome?

01 November 2018 / Tom Dane
Issue: 7815 / Categories: Features
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Does ENRC represent a missed opportunity for legal professional privilege, asks Tom Dane

  • This decision provides a short term recalibration of the law. However, the long overdue opportunity for the Supreme Court to provide clarity as to the scope of legal professional privilege is still no nearer.

The Court of Appeal’s decision last month in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006, has been heralded as a success for the legal profession in protecting the boundaries of legal professional privilege. The decision certainly provides a welcome short term recalibration of the law, particularly in the context of internal investigations. However, the long overdue opportunity for the Supreme Court to provide clarity as to the scope of legal professional privilege is still no nearer.

The First Instance Decision

The facts of ENRC will no doubt be well known and can be summarised briefly: various internal investigations were carried out by ENRC’s external lawyers and accountants against the backdrop of allegations of criminal activities

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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