Litigation privilege where criminal proceedings are reasonably contemplated

14 Sep 2018

The UK Court of Appeal has overturned the UK High Court’s decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB) that litigation privilege did not attach to certain documents produced in the course of a company’s internal investigations.

The Court of Appeal has also questioned the correctness of the ruling of Three Rivers District Council and Others v Governor and Company of the Bank of England (No. 5) [2003] QB 1556 that communications between an employee of a corporation and the corporation’s lawyers cannot attract legal advice privilege unless that employee was tasked with seeking and receiving such advice on behalf of the corporation.

Please click here to read the update.