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Restrictive interpretation of litigation privilege overturned in ENRC dispute with SFO

The Court of Appeal has ruled that communications between the Eurasian Natural Resources Corporation (ENRC), its employees and advisers, including notes of interviews conducted during an internal investigation, were protected from disclosure by litigation privilege. The Court noted that large corporations need, as much as small corporations and individuals, to “seek and obtain legal advice without fear of intrusion.”
Document type: Insights
Last updated: 10 June 2022
First published: 28 September 2018