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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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