A Judicial Take On SFO Investigative Powers

The High Court of Justice of England and Wales ("The High Court") recently provided a rare insight into the difficulties that companies and individuals may face when challenging the basis of a Serious Fraud Office ("SFO") investigation.  Unaoil Group ("Unaoil"), a Monaco based company providing industrial solutions to the energy sector in the Middle East, Central Asia, and Africa, challenged the basis on which the SFO conducted its investigation against the company.  The High Court rejected the judicial review claim brought by Unaoil.¹  This is the second judicial review decision that the SFO has won in twelve months and demonstrates the increasing confidence of the prosecuting authorities following the £497.25m Rolls Royce deferred prosecution agreement (DPA). On 28 April 2017, the SFO announced an investigation into the activities of UK subsidiaries of the US engineering company KBR Inc. which related to its ongoing investigation of Unaoil. This may indicate that