The Law Society announced last November its intention to intervene in Serious Fraud Office v Eurasian Natural Resources Corporation (SFO v ENRC) as it seeks to protect the right of clients to communicate confidentially with their lawyers.
The gradual erosion of a right
Earlier in (2017) alarm bells rang throughout the legal sector at the latest assault on one of the foundations of our justice system – legal professional privilege (LPP).
That was because on 8 May 2017 the High Court ruled the Serious Fraud Office could access materials gathered by lawyers during internal investigations into allegations of corruption, taking a narrow view of the scope of legal advice and litigation privilege.
The perverse effect of this ruling is that companies could be discouraged from self-investigating pr...
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