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ARTICLE · 12 SEPTEMBER 2018

Privilege (War And Peace): ENRC Wins Appeal

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In a much-awaited judgment handed down on 5 September 2018 the Court of Appeal has clarified the scope of litigation privilege, systematically overturning the first instance findings of Mrs Justice Andrews in...

United KingdomLitigation, Mediation & Arbitration

In a much-awaited judgment handed down on 5 September 2018 the Court of Appeal has clarified the scope of litigation privilege, systematically overturning the first instance findings of Mrs Justice Andrews in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2017] 1 W.L.R. 4205.

Controversy followed the May 2017 decision of Andrews J, which severely pared back the protections of litigation privilege, particularly in the context of criminal investigations. Such was the alarm that the Law Society gained permission to intervene on appeal, noting that the rule of law depended on all parties being able to seek confidential legal advice without fear of disclosure.

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