Uncovering legal professional privilege in criminal investigations (Director of the SFO v ENRC)
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.
Original news
Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB), [2017] All ER (D) 50 (May)
The Queen’s Bench Division substantially granted the claimant director of the SFO’s application for a declaration that documents generated by the defendant company during investigations by its solicitors and forensic accountants into its activities against the background of an ongoing criminal investigation were not subject to legal professional privilege. However, documents indicating or containing the factual evidence presented by a solicitor to the defendant’s committee and/or board attracted legal advice privilege.
Read the full interview in Lexis PSL, behind a paywall, here.