R (on the application of Colin McKenzie) v Director of The Serious Fraud Office

2016] EWHC 102 (Admin), QBD, Lord Justice Burnett, Mr Justice Irwin, 27 January 2016

Legal professional privilege - Serious Fraud Office - Identifying privileged material - Bribery Act 2010, section 1

The applicant was arrested on 19 June 2015 on suspicion of conspiracy to commit an offence contrary to section 1 of the Bribery Act 2010 in connection with a US$54,000,000 contract for a company that he is director and major shareholder of, MIB Facades Ltd. On arrest, several items were seized belonging to the applicant. The Serious Fraud Office ("SFO") in line with its Operational Handbook intended to use their in-house technical staff to electronically search the devices that were seized for any legal professional privilege ("LPP") material. Following the discovery of such potential material, the SFO would isolate it and send it for review by independent counsel. Any of this material would be excluded from the SFO investigating team on the case.