7th september 2018
Stephen Lacey
- Sara Cody
- Nik Kiri
- Alison Wilson
Financial Regulation - Dispute Resolution
UK: Court of Appeal reverses first instance ENRC decision in significant ruling on scope of legal professional privilege
In a much-anticipated judgment the Court of Appeal has, in SFO v ENRC [2018] EWCA Civ 2006, re-examined a number of key issues concerning legal professional privilege. The decision largely impacts claims to litigation privilege in the context of corporate internal investigations, and is a helpful reaffirmation of the ultimately fact-specific nature of such claims.