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The Court of Appeal restores legal professional privilege

Anthony Eskander (Church Court Chambers) examines a recent judgment that overturned the landmark High Court decision.
 

On 5 September 2018 the Court of Appeal handed down its judgment in The Director of the Serious Fraud Office v Eurasian Natural Resources Ltd (Law Society intervening) [2018] EWCA Civ 2006.

The facts of the case

In 2009 and 2010 ENRC became aware of various allegations of fraudulent and corrupt practices said to have been committed by individuals connected to ENRC’s operations in Kazakhstan and Africa. ENRC engaged Dechert LLP and forensic accountants to conduct witness interviews and gather evidence as part of an extensive investigation into these allegations. ENRC agreed to provide the SFO with Dechert LLP’s findings concerning the operations in both countries. The Kazakhstan findings were provided however shortly before the Africa findings were due to be provided ENRC...

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