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

Posted In: Case Law
  • Case Reference
    EWCA Civ 2006
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Jurisdictional Matters; Legal Advice Privilege; Internal Investigations

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.

In terms of

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This article is correct at 04/10/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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