Legal Business

Disputes Eye: ‘Draconian’ measures as SFO tackles privilege via the back door

Despite the Serious Fraud Office (SFO) opting in October not to pursue its much-publicised privilege appeal against ENRC any further, it is taking an increasingly hard-line approach in other ways.

Notably, the agency has come under scrutiny for its heavy-handed use of section 2 notices, an order compelling any individual or business to submit evidence or information. Failing to provide what the SFO wants can be punishable by up to six months’ imprisonment, a fine, or both.