Clyde & Co – Has the Supreme Court tied the SFO’s hands?

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The Supreme Court has unanimously ruled, in the case of R (on the application of KBR, Inc) (Appellant) v Director of the Serious Fraud Office (Respondent) [2021] UKSC 2, that a notice issued by the Serious Fraud Office ("SFO") under section 2(3) of the Criminal Justice Act 1987 (“CJA”) could not require a foreign company to produce documents held entirely outside of the UK.

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