Bulletins | June 12, 2017

Litigation privilege under investigation

The High Court has ruled on a recent challenge by the United Kingdom’s Serious Fraud Office (SFO) to a claim for legal professional privilege over materials provided by two law firms to the SFO under use of its compulsory powers, in a case which raises legal issues concerning the interaction between privilege and self-reporting.

The decision, on 9 May 2017, by Mrs Justice Andrews in the ongoing litigation between the SFO and the Eurasian Natural Resources Corporation (ENRC), that certain materials produced by ENRC were not covered by litigation privilege, has reverberated around corporate law firms working on high-profile investigations and white-collar criminal law matters, including anti-corruption and bribery investigations.

Please click here to read the full article first published in Commercial Dispute Resolution (CDR)-News on the 22 May, 2017.