United Kingdom Leading Case litigation privilege

Serious Fraud Office v Eurasian Natural Resources Corporation Ltd

[2018] EWCA Civ 2006

JurisdictionUnited Kingdom

CourtEngland and Wales Court of Appeal

Year2018

StatusBinding authority

Summary

Litigation privilege does not cover internal investigation documents unless their dominant purpose was preparation for adversarial litigation.

Key Principle

Litigation privilege does not extend to documents prepared for the purpose of an internal investigation unless the dominant purpose of creating the documents was in contemplation of adversarial litigation.

Area of Law

evidence

Related Cases

Warden v Bailey (2020) 103 NSWLR 207

IMM v The Queen (2016) 257 CLR 300

Under UEA s 97, tendency evidence in sexual offence cases requires significant probative value but no striking similarity between the tendency and charged acts.

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Expert opinion evidence is admissible only if based on specialised knowledge, and the expert must identify the facts and reasoning underlying the opinion.

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