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Maintaining Privilege In Internal Investigations Into Criminal Conduct: SFO v ENRC

Client memorandum | September 11, 2018

On 5 September 2018, the English Court of Appeal handed down its judgment in the Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) case overturning the controversial first instance decision of Mrs. Justice Andrews concerning the application of legal professional privilege to communications produced during the course of internal investigations. The first instance decision had raised concern that documents created during the course of internal investigations into potential criminal conduct (including bribery and corruption) may not be covered by litigation privilege if they were created prior to a prosecutor having decided that there was sufficient evidence to charge.

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