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01 November 2018 / Tom Dane
Issue: 7815 / Categories: Features
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SFO v ENRC: the right outcome?

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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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