Visit JCPCUKSC/2018/0215
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CRIME
R (on the application of KBR, Inc) (Appellant) v Director of the Serious Fraud Office (Respondent)
Case summary
Case ID
UKSC/2018/0215
Parties
Appellant(s)
R (on the application of KBR Inc)
Respondent(s)
Director of the Serious Fraud Office
Issue
The issue is whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.
Facts
KBR Inc is a parent company which was incorporated in the United States of America. KBR Inc does not have a fixed place of business in the UK, but it does have UK subsidiaries, including Kellogg Brown & Root Ltd ("KBR Ltd"). The Serious Fraud Office commenced a criminal investigation into, amongst others, KBR Ltd, concerning suspected offences of bribery and corruption. The Director of the Serious Fraud Office issued a notice pursuant to section 2(3) of the Criminal Justice Act 1987 requiring KBR Inc to produce documents held by it outside the United Kingdom. KBR Inc sought judicial review of the notice on the ground that the notice was ultra vires since section 2(3) did not operate extraterritorially. The High Court dismissed KBR In's claim. KBR Inc appeals to the Supreme Court.
Date of issue
21 November 2018
Judgment appealed
Judgment details
Judgment date
5 February 2021
Neutral citation
[2021] UKSC 2
Judgment links
Judgment summary
5 February 2021
Appeal
Justices
Hearing dates
Start date
13 October 2020
End date
13 October 2020
Watch hearings
13 October 2020 - Morning session
13 October 2020 - Afternoon session
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Last updated 16 April 2024