Serious Fraud Office v Eurasian Natural Resources Corporation: Difference between revisions

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The case considered the Court of Appeal’s controversial decision in {{Casenote1|Three Rivers No. 5}} of who constitutes the “client” when it comes to [[legal advice privilege]]; it  traversed similar ground to the {{casenote1|RBS Rights Issue Litigation}}.
The case considered the Court of Appeal’s controversial decision in {{Casenote1|Three Rivers No. 5}} of who constitutes the “client” when it comes to [[legal advice privilege]]; it  traversed similar ground to the {{casenote1|RBS Rights Issue Litigation}}.


The court rejected all of ENRC’s claims to {{tag|privilege}}, holding that [[criminal litigation privilege]] only arises in limited circumstances, far more rarely than in a [[civil litigation privilege|civil litigation]]. The court found:
The court rejected all of ENRC’s claims to {{tag|privilege}}, holding that ''criminal''  [[litigation privilege]] only arises in limited circumstances, far more rarely than in a [[litigation privilege|civil litigation]]. The court found:
*an SFO raid and the processes it triggers (including an SFO investigation) are *not* adversarial litigation;  
*an SFO raid and the processes it triggers (including an SFO investigation) are *not* adversarial litigation;  
*“reasonable anticipation” of an ''investigation'' did not amount to reasonable anticipation of ''litigation'';  
*“reasonable anticipation” of an ''investigation'' did not amount to reasonable anticipation of ''litigation'';