On 13 November, Field Fisher published an article in which it discusses whether the court’s consideration of the application of “Section 2 powers” will lead to an update of the Criminal Justice Act 1987. A Section 2 Notice compels parties to turn over information or attend an interview during an investigation into the company, and the hearing involves US engineering and procurement company KBR Inc and a 2017 notice issued under section 2. The article says that it will be interesting to see whether the Supreme Court upholds the extension of the extraterritorial scope of the SFO’s power and, if it does, this will have a significant impact on foreign companies with a presence in the UK, should their UK-based entity become the subject of an SFO investigation.
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