Outcome at a glance
KBR won its challenge to the asserted overseas reach of the SFO’s document-production power. The Supreme Court unanimously allowed its appeal.
Allegations & issues
KBR challenged a section 2(3) notice demanding documents held abroad, arguing that the SFO lacked the statutory power to compel this US company.
Key rulings & findings
Section 2(3) of the Criminal Justice Act 1987 did not permit compulsion of overseas documents from KBR, which had no UK business presence. The Court rejected the proposed sufficient-connection test.
Admissions
The appeal outcome contains no admission of wrongdoing by KBR.
Disposition
Appeal unanimously allowed on 5 February 2021.
Penalties, damages & redress
This judicial review appeal imposed no misconduct penalty.
Restrictions & obligations
The ruling limited the document power considered; it did not abolish international evidence-gathering mechanisms.
THE UNDERLYING RECORD
Primary sources
Read the full documents for their precise wording and context. Regulator summaries are identified separately from court records.
Court record · supremecourt.uk01 · Supreme Court · Case record and judgment ↗Court record · supremecourt.uk02 · Supreme Court · Press summary, 5 February 2021 ↗