*Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd (Law Society Intervening)

Privilege – Legal professional privilege. The judge had been wrong in declaring that documents generated by the defendant company during investigations by its solicitors and forensic accountants had not been covered by litigation privilege. The Court of Appeal, Civil Division, in partially allowing the defendant's appeal, held that, when the SFO specifically made clear to the company the prospect of its criminal prosecution and legal advisers were engaged to deal with that situation, there was a clear ground for contending that criminal prosecution was in reasonable contemplation.

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