Various human rights organisations have accused the Kazakh mining company, Eurasian Natural Resources Corporation (ENRC) of using vexatious litigation in their case against the Serious Fraud Office (SFO) and their former lawyers.
SFO Investigation | Rosenblatt’s Financial Crime Team
The SFO opened a formal investigation against ENRC in 2013 but have yet to bring any charges against the company.
Earlier this month, 20 human rights, freedom of expression and anti-corruption groups have spoken out to accuse ENRC of using the English courts to “escape public scrutiny” and to undermine the SFO’s investigation. ENRC are suing the SFO for misfeasance in public office, claiming that the SFO mishandled the investigation and induced their solicitors to breach their duties. In addition, ENRC have also brought a negligence claim against international law firm Dechert and their former head of white-collar crime, Neil Gerrard. For more information about the protracted relationship between the two organisations and in particular the legal actions brought by ENRC please see our earlier article.
It was highlighted by the human rights groups that “since the SFO announced its investigation, ENRC has initiated a wave of more than 16 legal proceedings in the US and the UK against journalists, lawyers, investigators, contractors, a former SFO official and the SFO itself.” Many argue that ENRC are trying to harass their critics into silence.
In response ENRC have strongly denied that it was engaged in vexatious liability or strategic lawsuits against public participation, instead stating that it is merely seeking to resolve its issues in open court.
Oral evidence in the ENRC claim began in person at the Rolls Building on 7 June 2021. In its opening ENRC alleged that Mr Gerrard made unauthorised contact with the SFO to whip up interest in the case in order to boost his own legal fees. It was further alleged that Mr Gerrard “cajoled” ENRC to self-report to the SFO because he knew it would generate “huge amounts” of work for Dechert.
This case is intended to run through the summer, with closing submissions scheduled for the end of September 2021. Our team will continue to monitor these legal proceedings and provide updates as further developments arise.
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