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Team Authors Article for ‘Global Investigations Review’ on Decision in SFO v. ENRC

September 11, 2018

Head of BCLP’s global Investigations Practice Nathan Willmott, Senior Associate Clare Reeve and Associate Joseph Ninan authored an article featured Sept. 6 in Global Investigations Review  on the Court of Appeal’s recent decision in SFO v. ENRC [2018] EWCA Civ 2006. “This decision restores the previously well-understood boundaries of litigation privilege,” they wrote. “It will no doubt be much welcomed by companies and practitioners dealing with anticipated civil or criminal proceedings, who wish to investigate by interviewing employees, instructing third parties and creating documents.” In the article they also explore whether the judgment on litigation privilege may have a wider impact, which may render the issue of legal advice privilege in the context of investigations into suspected regulatory breaches largely academic.