- 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?
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.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial