United Kingdom: White-Collar Criminal Defence - The privilege of cooperation: employee interviews in internal investigations

June 19, 2017

Last year, Dechert’s article, ‘Three’s a crowd’ outlined the tensions between corporates and individuals in circumstances where a corporate is seeking cooperation credit from the authorities. This year, we have seen judgment handed down in favour of a deferred prosecution agreement (DPA) for Rolls-Royce, and more recently a DPA with Tesco Stores Limited. We have also seen one of the most significant recent privilege decisions, concerning the scope of English legal advice privilege, in the RBS Rights Issue litigation. Together, these rulings will have a profound impact on how corporates structure their internal investigations.

Read the United Kingdom chapter of the GIR European Middle Eastern and African Investigations Review 2017.