The decision exposes media outlets in the UK to liability if they identify suspects prior to charge, but carries lesser implications elsewhere.
On 16 February 2022, the UK Supreme Court held that a suspect under criminal...more
Landmark decision holds that the SFO does not have the power to procure documents from foreign companies outside the jurisdiction.
On 5 February 2021, the UK Supreme Court handed down a highly significant judgment in R...more
2/12/2021
/ Bribery ,
Corruption ,
Discovery ,
Foreign Corporations ,
Government Investigations ,
Jurisdiction ,
KBR (formerly Kellogg Brown & Root) ,
Parent Corporation ,
Serious Fraud Office (SFO) ,
Subsidiaries ,
UK ,
UK Supreme Court
Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege.
Background -
In two recent judgments, the High Court found exception to the ‘without prejudice’ rule...more
English High Court holds that alleged breaches of a director’s statutory duties can engage the ‘iniquity exception’, which disapplies legal professional privilege under certain conditions.
In Barrowfen Properties v Girish...more
The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more