The High Court has held that documents prepared during an internal investigation are not protected by legal professional privilege and as such should be handed over to the Serious Fraud Office ("SFO").

London-headquartered mining company Eurasian Natural Resources Corporation Ltd ("ENRC") instructed lawyers and forensic accountants to conduct investigations between 2011 and 2013 relating to allegations of fraud, bribery and corruption in its business in Kazakhstan and Africa. ENRC released to the SFO its final report on the Kazakhstan investigation but not the underlying interviews and work product. A lengthy period of dialogue between ENRC and the SFO, which commenced in August 2011, culminated in the SFO starting an ongoing criminal investigation against ENRC in late April 2013 that may ultimately lead to prosecutions.
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