Neil O’May (UK)

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Latest Articles

The SFO has this week confirmed that it will not appeal the Court of Appeal’s recent decision addressing, in particular, fundamental issues as to the ambit of litigation privilege in investigations (ENRC v SFO [2018] EWCA Civ 2006). A more detailed summary of the case and its practical implications is available here. The decision of the SFO not to appeal the decision means that English law will be left with a narrow concept of…
Introduction The judgment in R (on the application of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2012 (Admin) came out on Thursday, 6 September 2018. In summary, the Administrative Court held that section 2(3) of the Criminal Justice Act 1987 (CJA), which (broadly) gives the SFO power to require a person to produce specified documents in connection with an SFO investigation, has certain extra-territorial effect. The Court held that section…
The UK Department of Energy and Climate Change has published a Consultation Paper setting out proposals for new criminal offences which will give the UK’s energy regulators power to prosecute individuals and corporates suspected of abusing the wholesale energy markets. The proposed offences are designed to bolster the deterrent against market abuse in wholesale energy markets, where currently only civil sanctions apply. The deadline for responding to the Consultation Paper is 30 September 2014. The…