1 00118601 Emerging themes 2019 A4 AW v31 combined - Page 9



EMERGING THEMES 2019
PRIVILEGE
IN INTERNAL
INVESTIGATIONS
ARE WE MOVING TOWARDS A US MODEL?
The hotly anticipated September 2018 Court of Appeal
judgment in Serious Fraud Office (SFO) v ENRC [2018] EWCA
Civ 2006 overturned a judgment that had been described
as “deeply alarming” by the President of the Law Society and
restored the previously well understood boundaries of litigation
privilege in the UK in the context of an internal investigation
conducted by an outside firm.
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