Legal News

Uncovering legal professional privilege in criminal investigations (Director of the SFO v ENRC)

Uncovering legal professional privilege in criminal investigations (Director of the SFO v ENRC)
Published on: 30 May 2017
Published by: LexisPSL
  • Uncovering legal professional privilege in criminal investigations (Director of the SFO v ENRC)
  • Original news
  • What was the background to the SFO’s claim against Eurasian Natural Resources Corporation Ltd (ENRC), briefly and what issues concerning LPP and internal investigations did this case raise?
  • What were the main legal arguments put forward?
  • What did Mrs Justice Andrews decide, and why?
  • What are the implications of this decision for those advising companies on internal investigations into suspected offences (including how this ruling could impact the practices of other regulators)?
  • Are there still any unresolved issues lawyers will need to watch out for in this area? If so, how can these be avoided?
  • What practical lessons can be learned from this case?
  • What are your predictions for future developments in this area?

Article summary

Corporate Crime analysis: The Serious Fraud Office (SFO) has successfully argued before the courts that the majority of documents in a criminal investigation into fraud, bribery and corruption were not restricted by legal professional privilege (LPP). Jemma Sherwood-Roberts, senior associate at Corker Binning, examines what she believes could be an important ruling for the SFO. or take a trial to read the full analysis.

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