United Kingdom litigation privilegeinternal investigationslegal advice privilege

SFO v ENRC

Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd [2018] EWCA Civ 2006, [2019] 1 WLR 791

JurisdictionUnited Kingdom

CourtCourt of Appeal (Civil Division)

Year2019

StatusBinding authority

Key Principle

Documents created during a corporate internal investigation can attract litigation privilege where, at the time, criminal prosecution was in reasonable contemplation and the documents were created for the dominant purpose of resisting or avoiding that anticipated litigation.

Area of Law

General

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