UK Top Court Fraud Ruling Could Reshape Int'l Discovery

Law360 (February 17, 2021, 4:37 PM EST) -- In a decision issued on Feb. 5, R (on the application of KBR Inc.) v. Director of the Serious Fraud Office, the U.K. Supreme Court quashed a notice pursuant to Section 2(3) of the 1987 Criminal Justice Act, that sought to require a U.S. corporation, KBR Inc., to produce documents located in the U.S.

The decision has important consequences for cross-border discovery and investigations, as the U.S. and the U.K. appear to be taking divergent approaches.

The notice at issue was served on two representatives of KBR who had been invited to London for meetings with the Serious Fraud Office in...

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