In The Director of the Serious Fraud Office v Eurasian Natural Resources Ltd (Law Society intervening), the Court of Appeal has overturned the landmark High Court decision on legal professional privilege (LPP). The court considered whether ENRC was required to disclose documents created by its lawyers and accountants as part of an internal investigation concerning allegations of criminality. The Court of Appeal found that all but two documents were subject to LPP, and were therefore not disclosable. The decision makes clear that where lawyers and professional advisers conduct fact finding exercises, at a time in which litigation is in reasonable contemplation for the dominant purpose of resisting or avoiding prosecution, such documents will be protected from disclosure.
