Is the SFO sidestepping ENRC?

Elliott Fellowes (+44 (0)20 3818 3500, elliott.fellowes@signaturelitigation.com) is an associate and Johnny Shearman (+44 (0)20 3818 3500, johnny.shearman@signaturelitigation.com) a professional support lawyer at Signature Litigation LLP.

Much-anticipated CorporateCooperation Guidance from the United Kingdom’s Serious Fraud Office sets out – for the first time – good practices that may indicate cooperative conduct when self-reporting to the authority. The SFO will consider this when deciding whether to enter into a Deferred Prosecution Agreement or when taking charging decisions. Yet the guidance raises practical dilemmas for firms and could even be viewed as an attempt by the authority to circumvent the Court of Appeal’s decision in SFO v ENRC [1]. Elliott Fellowes and Johnny Shearman of Signature Litigation LLP report.