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ENRC and legal privilege

Neil Hodge | December 11, 2017

Back in May, the U.K.’s corporate crime investigator, the Serious Fraud Office (SFO), won the right to gain access to a raft of documents that a Kazakh mining company at the centre of a bribery and corruption investigation claimed were protected by professional privilege. At the time, the decision was hailed as being both “landmark” and “profound” with potentially wide-reaching ramifications. Now that company has won the right to appeal.

In an order published in October, the U.K.’s Court of Appeal said it would hear the case, adding that an appeal by the Eurasian Natural Resources Corporation (ENRC) had a “real prospect of success.”

The initial High Court judgment, handed down in May, ruled in favour of the SFO, which had brought a civil claim challenging ENRC’s assertion that documents generated during the company’s own internal...

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