THE WAPI NEWS – “ROUNDUP”
Court warns of privilege challenge ‘chilling effect’ on investigations
Royal Courts of Justice
The High Court has dismissed an application over disclosing confidential communications relating to the instruction of enquiry agents.
06 Aug 2026
A recent ruling by the High Court of England and Wales on disclosure of communications relating to the instruction of private investigators will have a welcome impact for fraud cases, according to experts.
The court held that introducing a general rule that taking steps to set in motion a process to acquire information without consent of the subjects amounted to “iniquity”, such as to prevent any assertion of privilege over communications in relation to the instruction of investigators, would have a “chilling effect” on the ability of a claimant to obtain evidence in fraud cases.
Alan Sheeley, civil fraud and asset recovery expert at Pinsent Masons, said the court decision recognised the potential importance of employing enquiry agents, particularly in complex fraud and asset-tracing cases.
“The judgment recognises that investigation firms and enquiry agents can play an important role in obtaining documentary evidence, especially in circumstances where the alleged fraudster is unlikely to voluntarily provide information or may seek to hide it.
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“In assessing whether a hiring party’s conduct is iniquitous, the court will consider whether their actions fall outside the ordinary run of cases and their beliefs as to the legitimacy of their investigator’s actions,” she explained.
“Any potential wrongdoing by the investigator will not necessarily result in a finding that the commissioning party’s actions were iniquitous. However, commissioning parties should still ensure that they understand the manner in which their investigator will obtain any information and keep this under review in case the parameters of the investigation change.”
Alan Sheeley- Partner
Pinsent Masons,
+447971871229
alan.sheeley@pinsentmasons.com
Posted by: Ian (D. Withers)
www.WAPI.org
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