Kavitha Gupta's blog

How to scope your internal investigations: another debate on privilege Newsletters May 23 2017 | Contributed by RPC Only months after its decision in Re the RBS Rights Issue Litigation , (1) the High Court has provided another landmark judgment reaffirming the narrow scope of legal professional privilege. (2) In proceedings between the Serious Fraud Office (SFO) and Eurasian Natural Resources Corporation Limited (ENRC), ENRC unsuccessfully attempted to protect documents created during internal investigations into suspected bribery and corruption, claiming legal professional privilege. Facts While expanding its operations into Africa in 2009/2010, ENRC became aware of unsubstantiated allegations of corrupt practices by target companies that it sought to acquire and the individuals behind those entities. Accordingly, it instructed DLA Piper LLP (DLA) and then Dechert LLP to investigate allegations of "corruption and financial wro...

Journalistic privilege upheld as police warrant and search ruled unlawful Newsletters March 29 2016 | Contributed by Wilson Harle In 2015 the High Court ruled in Hager v Attorney-General that a police warrant to search a journalist's house, and consequently the search itself, was unlawful. (1) The judgment offers useful comment on the importance of disclosure by law enforcement agencies seeking warrants, particularly where journalistic privilege is concerned. However, it does not address the question of who is a journalist, or what journalism is, for the purposes of the privilege. Facts Nicholas Hager, described in the judgment as an investigative journalist, had published a book during the 2014 general election campaign called Dirty Politics . (2) The book claimed that Cameron Slater, in coordination with persons associated with the governing National Party, was running a "dirty tricks" campaign through Slater's ...