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ARTICLE · 20 JUNE 2017

Are Lawyers' Notes Privileged?

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A recent English decision on privilege has cast doubt on the legal protection provided to lawyers' work product when assisting corporate clients with internal investigations.

United KingdomLitigation, Mediation & Arbitration
Ciara Mackey
Ciara Mackey
Munaf Mohamed
Munaf Mohamed
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Lawyers' Interview Notes Created in Internal Investigation Ordered to Be Disclosed in U.K. Criminal Fraud Investigation



A recent English decision on privilege has cast doubt on the legal protection provided to lawyers' work product when assisting corporate clients with internal investigations. In The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd, [2017] EWHC 1017 (QB), the English High Court held that external lawyers' interview notes from an internal corporate fraud investigation were not protected by privilege and had to be disclosed to the investigating government agency.

In 2011, British company Eurasian Natural Resources Corporations Ltd. ("ENRC"), part of a multi-national group of mining and natural resource companies, became the subject of whistleblower allegations relating to its acquisition of mineral assets in Kazakhstan and Africa. After two years of internal investigations and self-reporting to the Director of

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