LANDMARK PRIVILEGE WIN: APPEAL COURT RULES AGAINST SFO IN ENRC CASE

Law Society Gazette on 5th September reported that legal professional privilege (LPP) received an important boost when the Court of Appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings, overturning a High Court ruling that a business under investigation by the SFO should turn over materials prepared for an earlier internal investigation.  The court found that advice whose dominant purpose is to avoid legal proceedings, or which is given with a view to settlement, is as much protected by litigation privilege as advice given for the purpose of defending such proceedings.  The SFO is understood to be considering an appeal to the Supreme Court.

https://www.lawgazette.co.uk/law/landmark-privilege-win-appeal-court-rules-against-sfo-in-enrc-case-/5067427.article

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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: