Case Note: KBR Inc. v SFO

On 6 September 2018 the UK High Court handed down its judgment in the application for judicial review brought by KBR Inc. ("KBR") against the Director of the Serious Fraud Office ("SFO").  In a victory for the SFO, the High Court confirmed the SFO's ability to require foreign companies to produce documents held outside the UK jurisdiction, provided that there is a 'sufficient connection' between the company and the jurisdiction. 

The facts

KBR is a US company and the ultimate parent of a multinational group of companies employing a subsidiary structure, the KBR Group.  KBR does not have a fixed place of business in the UK and it was not contended by either party that it carries on business in the UK.  It does, however, have UK subsidiaries, including KBR Ltd, into which company (and others) the SFO commenced a criminal investigation concerning suspected offences of bribery and corruption in February 2017.