By Russell Kelsall
On 5 September 2018, the Court of Appeal handed down its judgment in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited and the Law Society [2018] EWCA Civ 2006, which considered the scope of legal professional privilege in internal investigations.
The Court of Appeal allowed the appeal on the question of litigation privilege, overturning the narrow interpretation applied in the High Court. It held that documents generated as part of an investigation were protected by litigation privilege.
