Privileged position

The Court of Appeal has provided important authority on the scope of litigation privilege, says Leonie Parkin

Rawlinson & Hunter Trustees SA v Akers & Another [2014] EWCA Civ 136, [2014] All ER (D) 200 (Feb) was an appeal in the Tchenguiz brothers’ high profile claim for damages against the Serious Fraud Office (SFO) for, inter alia, misfeasance in public office and malicious prosecution.

The claims arise from the high profile arrests of Vincent and Robert Tchenguiz and the raid and searches of their homes and associated business premises by the Serious Fraud Office (SFO) on 9 and 10 March 2011. The warrants to effect the raid and searches were quashed and declared to be unlawful by the judgment of Lord Thomas (formerly Sir John Thomas PQBD) and Silber J in R (on the application of Rawlinson and Hunter Trustees SA and others) v (1) Central Criminal Court and (2) the Director of the Serious Fraud Office [2012] EWHC 3218 (Admin), [2012] All ER (D) 211 (Nov).

That judgment criticised the heavy reliance which the SFO placed on information from Grant Thornton

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Privileged position

The Court of Appeal has provided important authority on the scope of litigation privilege, says Leonie Parkin

That judgment criticised the heavy reliance which the SFO placed on information from Grant Thornton

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS

Read All

NLJ this week: No such thing as a ‘Welsh seat’

Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot

NLJ this week: Jury reform risks justice for efficiency’s sake

The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’

NLJ this week: Crypto fightback offers ‘new frontier for law’

A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes

NLJ this week: Time to revive the duty to report crime?

After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent

NLJ this week: When are experts truly ‘necessary’?

Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25

Error message

Privileged position

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Freeths—Michelle Kirkland Elias

Flint Bishop—Deborah Niven