Privilege and SFO investigations

The SFO is challenging the scope of legal professional privilege in the context of investigations to gain access to documents which would otherwise be protected.  In this article, leading experts on privilege, Bankim Thanki QC, Hodge Malek QC and Colin Passmore consider whether the SFO’s approach is compatible with the client’s absolute right to privilege and whether a compromise may be possible allowing the SFO to achieve its objectives without encroaching on privilege. 

The article which was first published in Global Investigations Review is available here.