Supreme Court decides that section 2(3) Criminal Justice Act 1987 cannot require foreigner to produce material held overseas


Jamas Hodivala QC acted for KBR, Inc. with Lord Pannick QC and Richard Kovalevsky QC in helping to secure its recent landmark victory against the SFO. The team was instructed by Barry Vitou and his team at Greenberg Traurig LLP.

On 5 February 2021, the Supreme Court unanimously agreed with the arguments presented by KBR, Inc.’s team that s.2 Notices could not be used to require foreign companies to produce material held overseas. The case has significant implications for international corporate investigations by the SFO and other regulators.

Jamas Hodivala QC is a member of Matrix Chambers’ Financial Crime and Business Crime teams.