Court of Appeal considers cooperation and waiver of privilege

In its discussion of the importance of self-reporting and cooperation, the Court of Appeal in Serious Fraud Office v ENRC commented on the criteria for court approval of deferred prosecution agreements in the UK: “to determine whether a DPA is in the interests of justice, and whether the terms of the particular DPA are fair, reasonable and proportionate, the court must examine the company’s conduct and the extent to which it cooperated with the SFO.   Such an examination will consider whether the company was willing to waive any privilege attaching to documents produced during internal investigations.”

Court of Appeal decision