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ARTICLE · 31 OCTOBER 2018

A Crack In The Armour Of Privilege?

Hot on the heels of the Court of Appeal's decision in SFO v ENRIC earlier this month, legal professional privilege ...

United KingdomLitigation, Mediation & Arbitration

Hot on the heels of the Court of Appeal's decision in SFO v ENRIC earlier this month, legal professional privilege has once been under the microscope in a recent High Court case, The Financial Reporting Council Limited v Sports Direct International Plc [2018] EWHC 2284 (Ch).

Background

The Financial Reporting Council Ltd (“FRC“) is the regulatory body for statutory auditors and audit work, which is conducting an investigation of Grant Thornton UK LLP (“GT“).

The FRC is investigating concerns regarding the failure of GT to disclose a relationship between related parties in its audit of the financial statements of Sports Direct International Plc (“SDI”) for the year ending 24 April 2016. The relationship in question concerns the engagement of a delivery company owned by the brother of SDI’s director and majority shareholder, by one of SDI’s subsidiaries, Sportsdirect.com Retail Ltd.

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