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Clifford Chance

Clifford Chance

Briefings

The High Court of Justice has confirmed that the SFO can compel some foreign companies to produce documents held outside the UK

12 September 2018

In a judgment dated 6 September 2018, the High Court of Justice in London has confirmed that the power of the SFO to compel production of documents under section 2(3) of the Criminal Justice Act 1987 ("CJA 1987") can extend to some foreign companies in respect of documents held abroad, when there is "sufficient connection" between the company and the UK. The High Court has also helpfully set out a number of factors that do not assist the SFO in making good its case of a sufficient connection between a company and the UK. The judgment represents a significant clarification of the extraterritorial reach of section 2(3) of the CJA 1987.

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