Search

With legal professional privilege a topic of daily debate - and often critical importance - does the English Court of Appeal decision in SFO v ENRC represent a step forward for privilege or a missed chance? The writer argues that the answer is probably 'a little of each'! With the continuing significance of English common law decisions for a wide range of jurisdictions, the judgment deserves careful attention. The law remains in a state of flux, and the decision also offers thoughts on whether Three Rivers (No 5) was correctly decided (and this might be revisited in the future), as well as the relationship between the debate over whether documents are privileged and the operation of deferred prosecution agreements (DPAs). [ABSTRACT FROM AUTHOR]