Jurisdiction(s):
United Kingdom

ENRC v Dechert: Court of Appeal (England and Wales) refuses SFO permission to appeal; High Court bad-faith inducement findings stand; substantial damages exposure

Published on: 03 September 2024

Published by a Law360 reporter

Legal News

Article summary

The Court of Appeal refused the SFO leave to challenge a 2022 judgment which concluded that officials had unlawfully liaised with Neil Gerrard, the former head of white-collar investigations at Dechert, to make unauthorised disclosures about his internal inquiry into Eurasian Natural Resources Corp (ENRC). The outcome is a setback for the SFO, which will have to pay ENRC millions of pounds in damages for wasted expenditure and legal fees in the short term, and faces the possibility of a colossal damages bill for launching its abortive criminal investigation. “We are disappointed by the Court of Appeal’s decision,” a spokesperson for the SFO said. “Any damages awarded are subject to ongoing proceedings.” In the judgment, Justice Stephen Males said the SFO’s appeal disputed factual matters that would be best determined by the judge following exhaustive evidence heard across two trials. High Court Judge David Waksman’s conclusion that SFO officers had acted in bad faith to induce Gerrard’s breaches to his client was reached with “the correct legal test in mind,” Males J said...

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