When Are Redactions Reasonable?

The long-running investigation by the Serious Fraud Office (SFO) into Eurasian Natural Resources Corporation (ENRC) has provided several points of instructive guidance during its lifetime – and that trend looks set to continue. The most recent matter before the High Court¹ examined certain redactions the SFO made to a report it disclosed in the course of proceedings which were challenged by ENRC.

By way of background, ENRC alleges that employees of the SFO improperly leaked sensitive information acquired in the course of the SFO's investigation to journalists and other third parties. These allegations were internally investigated by the SFO. Its findings were contained in a document termed the Byrne Report, which concluded certain employees suspected of leaking information about ENRC – and other targets of SFO investigations – had a 'case to answer'. The Byrne Report was disclosed by the SFO during proceedings with redactions made to it on the basis of three