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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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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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