LONDON – Reed Smith has advised The Law Society in its successful intervention in the case of ENRC v SFO. In the landmark ruling, the Court of Appeal has upheld privilege as a fundamental right and a principle central to the administration of justice.

Related Professionals: Eoin O'Shea

Partner Eoin O’Shea led the intervention on behalf of The Law Society instructing Dinah Rose QC and David Pievsky of Blackstone Chambers.

Speaking following the decision, Eoin O'Shea said:

“The law of privilege is a vital element of the rule of law and a precondition for proper access to justice. Reed Smith was glad to be able to assist the Law Society with its intervention in this very important case. The result is welcome indeed. It amounts to a re-calibration of the law of privilege, moving it in a more realistic and principled direction. Privilege now clearly applies in circumstances where there is a genuine concern about future prosecution and there is no longer any artificial distinction between civil and criminal proceedings. The Court of Appeal also made clear that the problematic definition of "client" in the law of privilege is in need of review by the Supreme Court, which is another significant move forward.”