High Court considers extraterritorial application of compulsory powers

Posted on October 30, 2018
Archive : October 2018
Category : Herbert Smith Freehills

By Fahmida Chowdhury

In the case of R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2368 (Admin) ("KBR"), the High Court dismissed a judicial review brought by the applicant, finding that the SFO was able to compel the production of documents located outside the jurisdiction held by a foreign company. This is the first time that an English court has reasoned that compulsory disclosure powers exercisable by a UK criminal enforcement agency have extraterritorial application. Read more of this post