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When do witness statements lose their privilege?
  • A&L Goodbody
  • Ireland
  • November 21 2018

In Defender Ltd v HSBC Institutional Trust Services (Ireland) Ltd 2018 IEHC 587, High Court, Twomey J, 15 October 2018 the Court had to consider

Legal Privilege in Regulatory Investigations: analysis of recent decisions
  • United Kingdom
  • October 26 2018

The Court of Appeal decision in SFO V ENRC, which reversed the first instance decision, restored the original position and clarified the law on legal

SFO Update: Lisa Osofsky’s First 50 Days
  • Latham & Watkins LLP
  • United Kingdom
  • October 17 2018

Fifty days have passed since Lisa Osofsky took over at the UK's Serious Fraud Office (SFO), pledging to be a "different kind" of director. In her

Littler Global Guide - United Kingdom - Q3 2018
  • Littler Mendelson PC
  • United Kingdom
  • October 11 2018

The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who

Court of Appeal (CoA) affirms the availability of legal privilege in the context of potential criminal prosecution
  • Macfarlanes LLP
  • United Kingdom
  • October 10 2018

In the latest decision in Eurasian Natural Resources Corporation Limited v Director of the Serious Fraud Office 2017 EWHC 1017 (QB), the CoA has

Surveillance: the challenge faced by claimants
  • Penningtons Manches LLP
  • United Kingdom
  • September 28 2018

Surveillance is a long-standing form of investigation in both personal injury and clinical negligence cases and should not come as a surprise to

Audit Client could not Resist Disclosure to Regulator on Privilege Grounds
  • McCann FitzGerald
  • United Kingdom, Ireland
  • September 26 2018

In the first application of its type to reach the courts in that jurisdiction, the English High Court has held that the client of an audit firm could

Extraterritoriality in KBR v SFO: common sense or rewriting the statute?
  • Corker Binning
  • United Kingdom
  • September 13 2018

Last week the Serious Fraud Office (“SFO”) lost a much-publicised appeal concerning legal privilege. Within days the SFO won a less newsworthy but no

When is a Document Covered by Litigation Privilege?
  • McCann FitzGerald
  • Ireland
  • September 11 2018

The High Court has clarified in a recent judgment the criteria which must be satisfied in order to sustain a claim of litigation privilege. The

Court of Appeal overturns restrictive interpretation of litigation privilege in ENRC dispute with SFO
  • CMS Cameron McKenna Nabarro Olswang LLP
  • United Kingdom
  • September 10 2018

In its highly anticipated judgment regarding the scope of legal privilege in relation to documents created during internal investigations, the Court