The Court of Appeal’s recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 (ENRC) has, helpfully, departed from the High Court’s overly strict approach to questions of litigation privilege. However, it has left intact the problematic approach to the question of who is the “client” for the purposes of legal advice privilege, derived from the Court of Appeal’s notorious 2003 decision in Three Rivers No 5, as interpreted in more recent case law. It is now clear, therefore, that any change to the law in this area will be a matter for the Supreme Court.

Julian Copeman, Anna Pertoldi and Maura McIntosh have published an article in PLC Magazine which considers the ENRC decision and its implications. Click here for a copy of the article, which first appeared in the October 2018 issue of PLC Magazine: