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Good and bad news here. First, good to see that the SFO will not be wasting public money on an appeal. Secondly, unfortunate that Three Rivers (No 5) will continue to remain good law, especially when there is no prospect of there being Parliamentary time to correct it by legislation. That said, if the point arises again in the High Court, the CA decision in ENRC has created perfect circumstances for seeking an leapfrog appeal direct to the Supreme Court.

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