Allen & Overy on 27th April published an article saying let there be no confusion: first interview notes in internal investigations are rarely privileged.  This, it says, is the message of the High Court in a judgment which is heavily critical of the SFO for failing to take steps to force the disclosure of detailed employee interview notes taken during a company’s internal investigation into corruption.  The SFO had relied instead on ‘oral summaries’ after the company concerned had asserted privilege over the notes themselves.  The claimant in this case is an ex-employee of the company and is the first individual to be charged with criminal conduct where the SFO has entered into a deferred prosecution arrangement (DPA) with a company for related offences.


Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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