Privilege Appeal

” Put another way, and dealing with litigation privilege, litigation privilege is there to protect the production of the brief, it is not there to shroud the runnings of the company in watertight secrecy just because they pay outside lawyers to do their compliance and audit work. Corporate clients have to make a choice, and looking at privilege in the way the ENRC case does makes that choice a serious one, but also a real one. It is not a choice to be made just to test the waters, or the prosecutor’s mettle.”

Lawyer Watch

Mrs Justice Andrews has set the cat amongst the practitioner pigeons on legal professional privilege with her judgment in the ENRC case (SFO v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB).) ENRC have announced an intention to appeal, and the judgment does seem to raise quite a few appealable issues.

Herbert Smith Freehills have done a very decent job of summarizing the case here. In the broadest terms, the question was whether documents created by or for an investigation by solicitors (and others) in response to allegations that ENRC had been involved in bribery in Kazakhstan and Africa where protected by legal professional privilege. Initially, these investigations began before the SFO had heard of the allegations, but ENRC wanted to be ready should they mount a dawn raid and decide to investigate. There were claims of litigation privilege and advice privilege depending on the documents…

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| Exposing Truth Behind Media Spin. Truth is not gossip. It's not sensational or even exciting. Truth's reality, fact. Truth's shocking, sad, horrific, frightening and deadly. Controversial issues discussed here so only for those able to digest Truth.

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