Protecting ‘internal investigations’ from unwanted orders for disclosure
Robert and Vincent Tchenguiz have compelled disclosure of Grant Thornton’s (GT’s) reports to the liquidators of companies forming part of their business empire in the course of their £300m claim against the Seriod Fraud Office (SFO) for the damage to their business interests caused by the SFO’s subsequently abandoned prosecution. Their victory highlights the key requirements for any business wishing to collect evidence confidentially and keep it behind the veil of ‘litigation privilege’.
GT submitted five reports and documents to its clients, the liquidators of companies that had formed part of the Tchenguiz empire. The reports identified transactions that might need to be reversed by the liquidators utilising their statutory powers and the overall ‘residual assets’ left over for the creditors, as well as dealing with proceedings against the liquidators and possible proceedings by the liquidators.
GT had allowed the SFO to see the reports and documents. Although the SFO had transcribed parts of them, GT had not allowed it to make copies. GT relied on litigation privilege to preclude disclosure of them to the Tchenguiz brothers…
If you are registered and logged in to the site, click on the link below to read the rest of the Mills & Reeve briefing. If not, please register or sign in with your details below.
News from Mills & Reeve
News from The Lawyer
Briefings from Mills & Reeve
Animal welfare: recent EU conference — mid-term review of the strategy for the welfare of animals 2012–15
The conference on the achievements of the EU strategy for the welfare of animals 2012–15: mid-term review took place on 12 February 2014.
In a decision in January, the Information Commissioner’s Office found that the Financial Conduct Authority had breached the Freedom of Information Act 2000.
Analysis from The Lawyer
The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why