An east London solicitor has successfully challenged a Serious Fraud Office (SFO) attempt to make her sign a confidentiality undertaking before she could attend an interview it was conducting with her client.

Joanna Life, a partner at Edwards Duthie, acts for a potential witness in the SFO's investigation of an alleged large-scale fraud on the National Health Service by several pharmaceutical companies. He was asked to attend for an interview under section 2 of the Criminal Justice Act 1987, which allows the SFO to compel relevant people to answer questions.


NHS: allegations of fraud

Ms Life said the SFO sought throughout its investigation to impose a duty of confidentiality both on interviewees and their solicitors. She said the SFO said it would not allow her to attend the interview unless she signed an undertaking not to discuss its contents with anyone other than her client.

She refused and issued judicial review proceedings. At the permission hearing earlier this month, she said Mr Justice Collins made it clear, after hearing initial argument, that he did not consider there was any general duty of confidentiality relating to the interviews. It was a matter for the interviewees whether or not they chose to disclose information acquired, after they had taken legal advice.


Ms Life reported that it was the judge's view that any solicitor who wished to attend an interview could not be asked for a confidentiality undertaking.


The SFO then agreed not to require an undertaking, and on the basis that it would pay the firm's costs in the proceedings, Ms Life discontinued the action.


Ms Life said: 'The judge made the point that it would be extremely helpful if there was some discussion with the Law Society regarding a possible protocol as to how the Serious Fraud Office conducts interviews and deals with solicitors so that there is no ambiguity.'


An SFO spokeswoman said: 'We are reassured by the judge's opinion that confidentiality is a requirement under a section 2 interview.'


A Law Society spokesman said: 'The Society awaits an approach from the SFO to see if we can agree a protocol.'