Internal investigations in the UK: legally privileged?

Kevin Roberts (+44 (0)20 79204160, kroberts@mofo.com) is a partner, James Llloyd (+44 (0)20 79204092, jlloyd@mofo.com) an associate, and Jason Mbakwe a trainee solicitor in the London office of Morrison & Foerster.

The English High Court very recently handed down a highly controversial decision in a case between the Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation Ltd (ENRC). [1] The decision could have a profound effect on the extent to which legal professional privilege might apply during internal investigations of potential wrongdoing, write Kevin Roberts, James Lloyd and Jason Mbakwe of Morrison & Foerster.