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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
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