Litigators warn of impact on clients as ENRC wins right to appeal controversial privilege decision

Legal professional privilege (LPP) was thrown a lifeline last month, when mining giant Eurasian Natural Resources Corporation (ENRC) was granted the right to appeal against a controversial order to disclose documents in a Serious Fraud Office (SFO) investigation.

ENRC has been the subject of a long-running investigation by the SFO relating to alleged fraud, bribery and corruption. In May, the High Court ruled that certain documents prepared by ENRC in relation to the probe were not covered by LPP and therefore had to be disclosed.