The scope of legal professional privilege (LPP) is now a significant battleground between prosecutors and businesses in the UK. The latest development is the decision of the High Court in Serious Fraud Office v ENRC, which was handed down this week. That decision built upon the RBS Rights Issue decision of last year. Both decisions upheld a narrow view of what qualifies as privileged material. Of course, each case turns on its own facts, but the trend towards narrowing privilege as a right is dangerous.
Why is the narrow approach harmful? Imagine a company that hears of alleged bribery. It calls in its lawyers. Any large company has to rely on employees or agents to pass on information to legal counsel. The company expects that…
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