Update

The difficulty in maintaining privilege over documentation produced by internal investigations (part 3)

The English Court of Appeal has handed down judgment in the matter of SFO v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006. This judgment is of key importance as it overturned the High Court's controversial approach to deciding whether documents had been prepared for the dominant purpose of litigation (and hence whether they would be subject to litigation privilege).