Faye Rolfe examines the long-awaited judgement in the case between KBR Inc. and the SFO

The 5 February 2021 saw publication of the judgement in the case between KBR Inc. and the SFO, in which the Supreme Court unanimously ruled that the SFO’s compulsory production orders do not have extraterritorial effect.

In September 2018 the Divisional court refused US company KBR Inc.’s application for judicial review of the validity of a s2 notice served by the SFO on visiting executives, ruling that s2(3) CJA 1987 did extend to foreign companies in respect of documents held overseas where there was a ‘sufficient connection’ between the company and the UK. The Supreme Court’s judgement overturning this decision makes for an interesting read; examining issues of statutory interpretation, international cooperation and the need for checks and balances around the exercise of compulsory powers.

Faye Rolfe examines the long- awaited judgement here: [Articles]