Breathe Easy, The SFO Calls It A Day In Privilege Battle

Last month we reported that the Court of Appeal (The Director of the SFO v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006) had reversed the High Court's controversial and troubling decision from 2017 that concerned the extent to which litigation privilege could apply to documents generated in the context of internal investigations https://www.finance-disputes.co.uk/2018/09/litigation-privilege-sense-prevails-in-the-court-of-appeal/.

It was announced earlier this week that the SFO will not be pursuing an appeal to the Supreme Court. So the Court of Appeal decision stands and companies can continue to conduct their own investigations into potential wrongdoings without fear of possibly having to reveal the legal work product to prosecutors, governmental authorities or regulators at a later stage.