The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018]

The SFO initiated proceedings challenging the appellant’s claims to privilege over documents generated by solicitors and accountants during an internal investigation. The main issue was whether the notes of interviews between the appellant’s lawyers and employees should be regarded as being subject to legal professional privilege.

At first instance, the High Court held that the documents were not protected by privilege. It held that the dominant purpose of the communications had not been to conduct or prepare for litigation. The Court of Appeal allowed the appeal in relation to litigation privilege and held that litigation was in reasonable contemplation at the material time.

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