On 5 September 2018 the Court of Appeal overturned a 2017 High Court decision regarding the scope of legal professional privilege (LPP) in the case of Director of the Serious Fraud Office v Eurasian Natural Resources Corporation [2018] EWCA Civ.2006. This provided a welcome and commercially pragmatic clarification for companies and large organisations facing potential misconduct investigations.

The Court of Appeal held that documents prepared in the course of an internal investigation, in the face of potential criminal proceedings, were protected by litigation privilege from inspection by third parties.