Corporations should take steps to ensure their internal investigations are not used against them in English litigation.

A recent decision in an English court could have important consequences for internal corporate investigations. The decision in Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 contains a severely restrictive approach to the applicability of legal privilege to internal investigations unless conducted for the dominant purpose of defending against criminal prosecutions. This could be a real concern since prosecutions are a rarity in the context of white-collar corporate enforcement actions. Following the decision in the RBS Rights Issue Litigation, which likewise took a restrictive view of the applicability of legal privilege to internal investigations, this case indicates an important trend that may present significant issues in the conduct of investigations.