Blow to SFO after mining group wins legal privilege appeal

11 Sep 2018

This article first appeared in The Financial Times on 06 September 2018.

Mining group ENRC has won a Court of Appeal case that protects advice it was given by a law firm in connection with claims of fraud and corruption at the company.

The ruling will relieve corporate legal divisions and white-collar crime lawyers, who feared that material stemming from internal investigations of alleged wrongdoing would have otherwise been open to prosecutors.

Last May a High Court judge, Mrs Justice Andrews, ordered that communications and advice to ENRC from the law firm Dechert, which carried out a lengthy internal investigation for the company after a whistleblowing email, should be turned over to the Serious Fraud Office.

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